JAYPEE HIMACHAL CEMENT PLANT Vs. NITESH ALIAS VIKKY

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 20.4.2019 passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P (Camp at Bilaspur), whereby an application having been filed by proformarespondent No.5, Smt. Lajya Devi and respondent No.6, Master Ankush under Order 8 Rule 1-A CPC, seeking therein permission to tender in evidence an award dated 23.06.2015 passed by learned District Judge, Bilaspur, H.P., in Land Reference No.47/4 of 2012, titled as Mansha Ram and others Vs. LAC & others, came to be allowed, petitionerrespondent has approached this Court in the instant proceeding filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid impugned order as well as application filed under Order 8 Rule 1-A CPC.

(2.) Mr. Malay Kaushal, Advocate and Mr. Sanjeev Sood, learned Additional Advocate General, have put in appearance on behalf of respondents No.1, 2, 5 & 6 and respondents No.3 and 4, respectively.

(3.) Having heard learned counsel representing the parties and perused the material available on record vis-a-vis reasoning assigned by the learned Court below while passing the impugned order, this Court is of the view that Court below has fallen in grave error while allowing the application under Order 8 Rule 1-A CPC, granting permission therein to respondents No.5 and 6 to place on record award, dated 23.6.2015, passed by learned District Judge, Bilaspur, in Land Reference No.47/4 of 2012 because admittedly respondents No.5 and 6 never chose to file written statement nor they ever furnished the list of witness for adducing the evidence on their behalf.