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% 18.OL.20LI
Present: Mr. B.S. Sharma, Adv. for the petitioner' c.M. 108r./20L1
' Allowed, subject to all just exceptions'
This petition has been filed by the petitioner under Article 227 of the
Constitution of lndia challenging the impugned order dated 24'II'20I0 passed by learned trial Court '
I have gone through the impugned order passed by learned trial Court.
Learned trial Court has dismissed the application under Section 151 CPC filed by the plaintiff whereby plaintiff sought permission to produce and prove the
LC,s report filed in another case which is titled as Madan Lal Vs' Raj Singh'
Learned trial court held that the report of the LC was filed in another case which is pending in the same court in which MCD is not a party. In the said report LC has made some observations that MCD was encroaching upon the suit property. The case was earlier fixed for final arguments when this application was filed by the plaintiff. Learned trial court dismissed the application filed by the plaintiff.
I do not find any infirmity in the order passed by learned trial Court'
Dismissed. fL s.L. BHAYANA, J.
JANUARY 18, ZOLL
Kb i(
I
2011:DHC:7857
Present: Mr. B.S. Sharma, Adv. for the petitioner' c.M. 108r./20L1
' Allowed, subject to all just exceptions'
This petition has been filed by the petitioner under Article 227 of the
Constitution of lndia challenging the impugned order dated 24'II'20I0 passed by learned trial Court '
I have gone through the impugned order passed by learned trial Court.
Learned trial Court has dismissed the application under Section 151 CPC filed by the plaintiff whereby plaintiff sought permission to produce and prove the
LC,s report filed in another case which is titled as Madan Lal Vs' Raj Singh'
Learned trial court held that the report of the LC was filed in another case which is pending in the same court in which MCD is not a party. In the said report LC has made some observations that MCD was encroaching upon the suit property. The case was earlier fixed for final arguments when this application was filed by the plaintiff. Learned trial court dismissed the application filed by the plaintiff.
I do not find any infirmity in the order passed by learned trial Court'
Dismissed. fL s.L. BHAYANA, J.
JANUARY 18, ZOLL
Kb i(
I
2011:DHC:7857
JUDGMENT