- (1.) Writ petition has been restored to its original number vide order of date passed on restoration application. As requested by learned Counsel for the parties, the writ petition is taken up for hearing and is being disposed of finally. This writ petition is directed against the order dated 27.1.1998 passed by Civil Judge, South (Junior Division), Lucknow in Original Suit No. 370 of 1992 directing the defendants No. 2 to 7 therein, which includes petitioner also, to produce the sanctioned plan and permit No. 49 dated 17.3.1953 in respect to land in dispute within 15 days else the Court may draw presumption for withholding of best evidence and revisional order dated 8.9.2000 passed by VIIIth Additional District Judge, Lucknow dismissing petitioner's revision.
(2.) Learned Counsel for the petitioner submitted that once the petitioner has filed his objection stating on oath that documents in question were not in possession of concerned defendant, the Courts below could not have passed the aforesaid orders.
(3.) However, the Courts below found that defendants have filed a list of documents being Paper No. 64-C and a perusal thereof shows that earlier sanctioned plan was submitted in Suit No. 724 of 1967 which was subsequently got returned. This finding is recorded in revisional order also, which reads as under: Pakshakaran Ko Yah Sweekar Hai Ki Mool Wad Sankhya-724/67 Pratiwadi Sankhya-4 Dwara Pratiwadigan 2 Ta 6 Ke Virudha Dayar Kiya Gaya Tha. Paper No. -64Ga Ke Sath Nakal Suchi Shamil Hai. Jiske Awlokan Se Vidit Hota Hai Ki Pratiwadi Sankhya-4 Ne is Moolwad 724/67 Me Dakhil Kiye Gaye Sanction Plan Ko Wapas Le Liya Tha Aise Me Adesh 11 Niyam 12 Vyavhar Prakriya Sanhita Me Discovery Of Paper Ke Sanbandh Me Punrikshankarta Dwara Uthaya Gaya Prashn Niradhar Hai Aur Yah Tathya Vidwan Adhinastha Nyayalaya Ke Samadhan Hetu Parit The Ki Wastav Me Prasngat Kagaj Pratiwadi Sankhya-4 Ke Hi Kabze Me Hai.;