SUNIL DUTT Vs. KEDAR NATH

JUDGEMENT

(1.) By way of this petition filed under Article 227 of Constitution of India, petitioner assails order dtd. 6/2/2018, passed by learned Senior Civil Judge, Court No.(I), Amb, District Una in Civil Suit No. 69/07 RBT No. 122/14/07, titled as Kedar Nath versus Sat Parkash and others vide which application filed by the present petitioner under Order 8, Rule 1A(3) read with Sec. 151 of the Civil Procedure Code stands dismissed by the learned Court below.

(2.) Brief facts necessary for the adjudication of the petitioner are as under:-redecessor-in-interest of respondent No. 1 and respondent No. 2 has filed a civil suit which is pending adjudication before learned Senior Civil Judge, Court No.(I) Amb, District Una. The suit is for declaration that plaintiff and proforma defendants (which includes the present petitioner) are owners in possession of land measuring 0-99-77 Hects., situated in Mouza Ghanari Dadwalan, Tehsil Amb, District Una, H.P., (hereinafter referred to as 'suit land') details whereof are given in the suit and that defendants No. 1 to 4 have no right title or interest over the same and mutation No. 509 and 173 entered and sanctioned in favour of defendants No. 1 to 4 in respect of half share of deceased Smt. Ram Rakhi out of the suit land, dtd. 28/12/2016 are wrong, illegal, void and ineffective against the rights of the plaintiffs as also proforma defendants. This suit, admittedly, has been filed way back in the year 2007.

(3.) In June 2017, petitioner filed an application under Order 8, Rule 1A(3) read with Sec. 151 of the Civil Procedure Code praying for leave of the Court to place on record in evidence a registered Gift Deed, scribed on 15/5/1963 and registered on 16/5/1963, purportedly by late Smt. Ram Rakhi in his favour as also the plaintiffs and other proforma defendants.