BANSHI LAL Vs. LRS OF BAGTA RAM & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 16.09.2015 passed by the trial court, whereby the application under Order 11, Rule 14 Code of Civil Procedure filed by the respondent-plaintiff has been accepted.

(2.) The respondent-plaintiff filed a suit for permanent and mandatory injunction based on patta of the land in question in his favour. The suit was resisted by the petitioner and he also claimed a patta in his favour. During the pendency of the suit, the plaintiff filed application under Order 11, Rule 14 Code of Civil Procedure for summoning the record from the Gram Panchyat. The application was opposed by the petitioner, inter alia, indicating that either the plaintiff could have obtained certified copies of the record sought to be produced and/or the certified copies of the documents are already on record and, therefore, the application deserves to be dismissed.

(3.) The trial court after hearing the parties came to the conclusion that the documents sought to be summoned were relevant, would advance the cause of justice and would not prejudice the case of the defendants and accepted the application.