JUDGEMENT
-
(1.) Jaswinder Singh and others, the petitioners have brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 19.11.2011 (Annexure P-3) passed by learned Civil Judge (Senior Division), Faridkot vide which their application for grant of time of one week to produce certified copies of eleven sale deeds regarding the land in dispute has been dismissed.
(2.) The petitioners had brought a suit for permanent injunction restraining the defendants from interfering in their possession over the properties in question and from dispossessing them therefrom as also for declaration to the effect that the civil court decree dated 22.4.1981 passed by Shri M.S. Ahluwalia, Senior Sub Judge, Faridkot in suit titled as "Gamdoor Singh v. Gurbachan Singh" is illegal, null and void and not binding on the rights of the plaintiffs. The case was fixed for 19.11.2011 for evidence of the plaintiffs. Learned counsel for the plaintiffs tendered a copy of khasra girdawari in the evidence alongwith a copy of mutation. He had filed an application for grant of time of one week to produce certified copies of eleven sale deeds. The request was declined for the simple reason that vide order dated 05.09.2011, learned District Judge, Faridkot had directed grant of three opportunities to the plaintiffs and three to the defendants and the plaintiffs had already availed their three opportunities.
(3.) The question as to whether those sale deeds are admissible in evidence and could be tendered in evidence without further evidence is a different question. What this court is to consider at this stage is that the request of the plaintiffs to grant one weeks' time to tender certified copies of eleven sale deeds was declined for the reason that in compliance with the order of learned District Judge, Faridkot dated 05.09.2011 three opportunities had already been availed by the plaintiffs and they were not entitled to further adjournment.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.