(1.) Instant petition filed under Art. 227 of the Constitution of India lays challenge to order dated 4.4.2018, passed by the learned Civil Judge, Court No.3, Ghumarwin, District Bilaspur, H.P. in CS No. 120-1 of 2017-12, whereby an application under Order 8 Rule 1 A (3) Civil Procedure Code having been filed by the petitioner-defendant (in short "the defendant") for placing on record copy of Pariwar Register of the family came to be rejected.
(2.) Having heard learned counsel for the parties and perused material adduced on record by the respective parties vis-visreasoning assigned in the impugned order passed by the learned court below, this Court finds no illegality and infirmity in the same, because bare perusal of application (Annexure P-4) filed under Order 8 Rule 1 A (3) CPC, nowhere suggests that plausible explanation, if any, is rendered on record by the defendant that despite due diligence, she could not produce the record earlier with regard to her marriage with deceased Ram Dass.
(3.) In the instant case, respondent-plaintiff (in short "the plaintiff") filed suit for declaration and permanent prohibitory injunction under Sections 34, 37 and 38 of the Specific Relief Act to the effect that she is owner in possession of the suit land, description where of is given in the plaint (Annexure P-1). In the suit referred herein above, plaintiff while seeking injunction, in alternative, also prayed for suit for possession, if she is dispossessed by the defendant forcibly from any part of the suit land. Plaintiff averred in the plaint that she is a legally wedded wife of late Sh. Ram Dass, so of Sh. Khawaja, resident of village Rohin, Tehsil Ghumarwin, District Bilaspur and no issue was born out of the said wedlock and Sh. Ram Dass expired on 6.6.2012.