NARENDER KUMAR NAGPAL Vs. CHAIRMAN, MUNICIPAL BOARD, ANOOPGARH

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 17/2/2020 passed by Civil Judge, Anoopgarh District Sriganganagar in Civil Original Case No.58/2017 whereby the applications under Order 11 Rule 4, Order 26 Rule 9 and Order 11 Rule 14, CPC, read with Sec. 65 of the Indian Evidence Act, 1872 (for short hereinafter referred to as, 'the Act of 1872') as preferred by the plaintiff-petitioner have been partly allowed.

(2.) Vide the application under Order 11 Rule 14, CPC, it was prayed by the plaintiff that the dispatch register of the alleged notice as averred to have been served on him by the respondent-Department, be directed to be placed on record as the plaintiff specifically denied service of any such notice. Vide the order impugned, the said prayer has been allowed.

(3.) Vide the application under Order 26 Rule 9, CPC, a prayer for appointment of Commissioner was made on behalf of the plaintiff. Although, the relief as prayed for has not been granted but vide the order impugned, the respondent-Department has been directed to place on record the site report as alleged by the respondent-Department to have been prepared before removal of the alleged encroachment.