SHANKAR LAL Vs. CIVIL JUDGE JR DIVISION SHAHPURA

JUDGEMENT

(1.) By the instant writ petition the petitioners pLalntiffs seek to challenge the order dated 13-5-2005 passed by the Civil Judge (Jr. Division), Shahpura (Jaipur) whereby their application for leading secondary evidence as per Sections 63 and 65 of the Evidence Act read with Section 151 CPC has been rejected.

(2.) Briefly stated the relevant facts of the case are that the petitioners-plaintiffs instituted a suit for declaration and permanent injunction against respondent Nos. 2 to 5 in respect of the plot of land situated in Manoharpur, District Jaipur delineated in read colour in the map annexed to the pLalnt. The case of the pLalntiffs is that they and their predecessors owned and possessed the plot in dispute since 1929 but when the defendants attempted to make encroachment over the plot in question, to carry out some construction thereon and further collusively obtained allotment letter from the Municipal Board, Manoharpur in respect of the plot in question, the pLalntiffs filed a civil suit for declaration and cancellation of the alleged allotment letter issued by the Municipal Board, Manoharpur and sought restrain order by way of permanent injunction to restrain the defendants from interfering with the possession of the pLalntiffs over the plot in dispute.

(3.) The defendants filed written statement wherein they have denied the averments of the pLalnt, cLalming their right, title and interest over the plot in dispute. They have further cLalmed their possession. The trial Court framed issues and posted the suit for evidence of the pLalntiffs.