MANMAL OSWAL Vs. RAVINDRA KUMAR OSWAL

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226227 of the Constitution of India claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the respondent-plaintiff filed a suit for mandatory and perpetual injunction and damages against the petitioners defendants. On 17.09.2015 the petitioner-defendant No.1 submitted his affidavit in chief examination, and along with the said affidavit a blue print map was also submitted with form No.3, which was made by the DW 4 Gajdhar Abdul Vail.

(3.) On 14.07.2016, the respondent-plaintiff filed an application under Order 19 read with section 151 CPC claiming that the petitioner-defendant No.1 had produced the blue print map along with his affidavit and further stated that the said map was not placed on record, and therefore, the same has not been the part of the affidavit. However, the learned court trial Court vide order dated 04.10.2016 has rejected the application under Order 19 read with section 151 CPC filed by the respondent plaintiff. While passing the said order dated 04.10.2016, the learned court below observed that the blue print map was presented to clarify the factual situation of the subject matter and apart from this, no substantial evidence was placed regarding the blue print map in question.