M.L. Singhal, J. - (1.) SHER Singh and others filed suit for permanent injunction restraining the Gram Panchayat of village Kharora and others from interfering with their possession of land and they were directed to maintain status -quo as regards possession by Civil Judge (Junior Division), Fatehgarh Sahib, vide order dated 25.10.2000. Gram Panchayat and others went in appeal against the order dated 25.10.2000 of Civil Judge (Junior Division), Fatehgarh Sahib.
(2.) DURING the pendency of the appeal before the Additional District Judge, Fatehgarh Sahib, Sher Singh and others, Plaintiffs, filed application whereby they prayed that the hearing of the appeal be stayed and they be permitted to assail the resolution dated 26.9.2000, whereby the Gram Panchayat had authorised its Sarpanch to defend the suit. They prayed that they be allowed to take this objection before the appellate Court i.e. the Additional District Judge, Fatehgarh Sahib, though they had not taken any such objection before the trial Court and there was no such issue before the trial Court. There were two applications filed by the Plaintiffs. One for rejecting the appeal on the ground that the resolution dated 26.9.2000 allegedly passed by the Gram Panchayat was filed by it in the trial Court surreptitiously and it was a forged resolution and the second application was under Section 151 C.P.C, whereby they prayed that they be permitted to cross -examine the Secretary/Sarpanch of the Gram Panchayat and to confront him with resolution dated 26.9.2000 with a view to elicit "whether the said resolution was genuine, passed on 26.9.2000 or was forged afterwards and was inserted on the file of the trial Court surreptitiously after the filing of the written statement". There was an other application filed by Defendant Gram Panchayat to permit them to place on record copy of the duly passed resolution dated 2.11.2000 authorising the Sarpanch of the Gram Panchayat to file the appeal.
(3.) VIDE order dated 20.1.2001, the Additional District Judge, Fatehgarh Sahib, allowed the Defendants application to bring on record the resolution of the Gram Panchayat dated 2.11.2000, whereby the Sarpanch of the Gram Panchayat was authorised to file the appeal. Vide the same order he dismissed the applications moved by the Plaintiffs dated 23.12.2000 and 16.1.2001.;