LALIT SWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) IA NO. 474 of 2017. The matter comes upon an application, IA No.474/2017 filed by the respondent, under Article 226 (3) of the Constitution of India, seeking vacation of the interim order dated 21.07.2015 passed by this Court.

(2.) At the request of the counsel for the parties and keeping in view the fact that the proceedings before the Trial Court are stalled, the writ petition itself has been taken up for consideration at this stage.

(3.) Avoiding narration of the unnecessary details, the brief facts relevant for the present purpose are that the petitioner-plaintiff had filed a suit for Permanent Injunction against the defendants-railways. During the suit proceedings, the petitioner filed two applications dated 29.11.2014, first, under Order 7, Rule 14 (3) of the Code of Civil Procedure, 1908 (hereinafter referred as Code of Civil Procedure or the Code) interalia seeking leave to produce photostat copy of a map dated 31.01.1976 and second being an application of the even date under Order 11, Rule 12 of the Code, seeking direction to the defendants to produce the original water plan/map dated 31.01.1976.