RAMNIWAS Vs. RAMESHWAR

JUDGEMENT

(1.) This defendant's petition has been filed aggrieved of the order dated 09.08.2011, passed by the Additional Civil Judge (JD) & Judicial Magistrate, First Class, No.1, Sikar, dismissing an application under Order 8 Rule 1A(3) Code of Civil Procedure for taking on record the trace map and Jamabandi of the khatedari land of the defendants-petitioners (hereinafter 'the defendants').

(2.) The facts of the case are that the respondents-plaintiffs (hereinafter 'the plaintiffs') filed a suit for declaration and permanent injunction against the defendants praying therein that their easementary rights through the defendants' land be declared and it be directed that the entries accordingly be made in the revenue records. On service of notice on the suit, the defendants filed their written statement of denial and submitted documents in defence therewith under Order 8 Rule 1A CPC. On the pleadings of the parties, the learned trial court struck issues. The plaintiffs' evidence was thereupon taken and the plaintiffs' witnesses were cross-examined. The cross-examination was completed on 08.03.2011 after several opportunities had been taken by the counsel for the defendants for the purpose. Thereafter only on 19.04.2011 the defendants filed an application under Order 8 Rule 1A(3) Code of Civil Procedure stating that they be allowed to bring on record two documents one being the trace map and the other Jamabandi of their khatedari land to establish that there was no right of way (Rasta) through their khatedari land in the revenue records. The said application was opposed by the plaintiffs. On consideration of the matter, the learned trial court vide its order dated 09.08.2011 dismissed the application. Hence this petition.

(3.) Heard the counsel for the defendants and perused the impugned order dated 09.08.2011, passed by this trial court.