LAWS(HPH)-2019-4-192

RAM DEI Vs. SUNIL

Decided On April 01, 2019
RAM DEI Appellant
V/S
SUNIL Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged order dated 23.08.2018, passed by the Court of learned Senior Civil Judge, Kullu, H.P. in Civil Suit No. 177/12 (R. No. 415/13), titled as Ram Dei Vs. Sunil and others, whereby an application filed at a belated stage to place certain documents on record stands dismissed.

(2.) Brief facts necessary for the adjudication of this petition are that the petitioner herein filed a suit for permanent prohibitory injunction restraining the defendants from selling, alienating, transferring and creating encumbrance upon the suit property situated in Phati Khokhan, Tehsil & District Kullu, H.P. in the year 2012.

(3.) At the stage of hearing of the case, an application was filed by the petitioner under Sec. 151 of the Code of Civil Procedure with the prayer that there there was another Civil Suit, i.e., Suit No. 104/2005, titled as Shanti Lal Vs. Budh Ram decided on 19.02.1998 by the Court of learned sub Judge 1st Class, Kullu and in the said suit, a Local Commissioner was appointed, whose report alongwith statements of the parties made before the said Court were necessary for the adjudication of the case.