BRAHAM DASS Vs. ONKAR CHAND

JUDGEMENT

(1.) This petition is directed against the order dated 27.12.2006 passed by the learned Civil Judge (Senior Division), Hamirpur in CMA No. 218/2006 (Civil Suit No. 79/1998).

(2.) BRIEF facts necessary for the adjudication of this petition are that the petitioner filed a suit for declaration that he is owner of the land as entered in Khasra No. 366 measuring 3 kanals 9 marlas situated in village Khagal, Mauza Jangal, Tehsil and District Hamirpur as per jamabandi for the year 1992 -93. According to the petitioner, the entries made in favour of the respondents were illegal, wrong and without jurisdiction. The petitioner by way of consequential relief also claimed that the respondents be restrained from interfering with the ownership and possession of the suit land and they may also be restrained from interfering with the possession of the plaintiff. A decree was claimed for possession by way of demolition of construction in case any construction is found to be raised over the suit land. The respondents contested the suit by filing written statement. The trial court framed the issues on 17.12.2001. An additional issue was framed by the trial court on 9.3.2005. The respondents closed their evidence and thereafter the case was fixed for rebuttal evidence of the petitioner. The petitioner filed an application under order 7 Rule 14 (3) read with section 151 of the Code of Civil Procedure on 17.11.2006 for grant of permission to file documentary evidence. The respondents filed their reply to the application on 20.11.2006. The trial court dismissed the application on 27.12.2006. This petition has been directed against the order dated 27.12.2006 .

(3.) MR . Ajay Sharma, Advocate has supported the order dated 27.12.2006 passed by the learned Civil Judge (Senior Division), Hamirpur.