BHAIRON LAL Vs. RAM BHAROSI LAL

JUDGEMENT

(1.) THIS revision petition under section 115 of the Code of Civil Procedure (the Code) is directed against the order dated 5. 3. 1992 passed by the learned Civil Judge, Karauli in Civil Suit No. 304/83. The brief facts are as under :

(2.) THE plaintiff-respondent No. 1- Ram Bharosi Lal had filed a suit against the petitioner as well as respondents No. 2 and 3- Johari Lal and Kailash respectively for an injunction restraining them from interfering in his possession in the land in dispute on the ground that the land in dispute was his ancestral property. THE suit is being contested by the petitioner as well as by the respondents No. 2 and 3 and necessary issues had been framed and after the parties produced their evidence the case was fixed for arguments, but an application was moved by the petitioner stating that he had learnt only on 4. 1. 1992 that a portion of the land in dispute was purchased by the plaintiff-respondent No. 1 under a sale-deed dated 13. 6. 1955, whereas, the plaintiff was claiming the property to be inherited ancestral property and on learning about it he has applied for certified copy of the sale- deed executed in favour of the plaintiff and praying that the certified copy of the sale-deed be taken on record. THE application was opposed by the plaintiff-respondent No. 1 and, vide the impugned order, the learned trial court has dismissed the application.