PRAHLAD SINGH Vs. SURAJ MAL

JUDGEMENT

(1.) This writ petition has been filed by the plaintiff challenging the order dated 17-7-2004 passed by the learned appellate Court by which the learned appellate Court has rejected the application filed under O. 41, R. 27, C. P. C. on 3-8-1998.

(2.) The plaintiff filed a suit for permanent injunction which came to be dismissed by the learned trial Court vide judgment and decree dated 6-9-1998 and an appeal came to be filed which is pending before the learned lower appellate Court. In the suit the plaintiff relied upon a registered sale deed dated 26-7-1926 (Annexure-1) executed by one Bhanwaria and based his title in the property upon the said sale-deed. The said registered sale-deed, it may be mentioned here, is in Urdu script and language, as would be evident from the perusal of Annexure-1, a photostat copy of the sale-deed dated 26-7-1926 which has been filed before this Court also and annexed to this writ petition.

(3.) After filing of the appeal against the dismissal of suit by the learned trial Court vide judgment and decree dated 3-8-1998, the plaintiff-petitioner submitted an application under O. 41, R. 27, C. P. C., though specifically the said provision has not been mentioned in the said application, copy of which has been filed as Annexure-2 on record, with prayer that the plaintiff had during the trial filed a copy of the registered sale-deed which is written in Urdu script and with a view to facilitate the Court to peruse and go through the contents of the said document, the appellant is filing a correct translation of the same in Devanagari script having translated the document from Urdu script to Devanagari script (in Hindi). It was prayed that the said document which is a translation in Devanagari script may be taken on record.