HARIRAM SHARMA Vs. MANDIR SHRI RADHA MADHAV JI

JUDGEMENT

(1.) The petitioner-defendant (hereafter 'the defendant'') is aggrieved of the order dated 4-10-2017 passed by Senior Civil Judge No.1 Shri Madhopur District Sikar in suit No.38/2003 dismissing his two applications under Order 8, Rule 1A(3) CPC for taking documents on record.

(2.) The facts of the case are that in 1994 the respondent-plaintiff (hereafter 'the plaintiff') filed a suit for permanent injunction, possession of Nohra, and mesne profits. It was alleged that the defendant had encroached upon the Nohra of Mandir Radha Madhav ji. On service of summons, the defendant filed written statement of denial on 5-2-1998 and issues were framed.

(3.) During the course of proceedings, the defendant at the stage of his evidence in the trial on 3-5-2017 moved an application under Order 8, Rule 1A(3) CPC for taking on record the Assembly voter-list of 1966 of Ward No.110 containing names of the defendant Hari Narayan and his wife to prove the fact that he was residing in the suit property prior to 1966. Another application also under Order 8, Rule 1A(3) CPC was filed on 15-9-2017 for taking on record the Assembly voter-list of 1988 and 1993 to prove that the defendant along with his wife, three sons and a daughter in law were residing in the suit property. Service book of defendant's son Hemhraj prepared on 1-4-1989 in the Public Health and Engineering Department was also sought to be taken on record to prove that the defendant along with his family members was residing in the suit property since long in his own right and was not an encroacher liable to be dispossessed for the plaintiff's benefit.