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2006 Supreme(Raj) 2460

N.K.JAIN
Major Kanhaiya Lal S/o Shri Gangadhan (Since Deceased) Through His L. Rs. Shanti Devi – Appellant
Versus
Banwari Lal S/o Ram Kishore (Since Deceased) Through His L. Rs. Mishri Devi – Respondent


Advocates Appeared:
Mr. N.K. Maloo, with Shri Vinod Kumar Tamoliya, Counsel for the Appellants.
Dr. Prakash Chandra Jain, with Shri Rajesh Chaturvedi, Counsel for the Respondents.

Judgment

Narendra Kumar Jain, J.-Heard learned Counsel for the parties.

2. This second appeal under Section 100 of the Civil Procedure Code, on behalf of the plaintiff-appellants is directed against the Judgment and decree dated 01.03.1995 passed by the Additional Civil Judge No. 2, Alwar, in Civil Appeal No. 30/1991, whereby the appeal of the plaintiff-appellants was dismissed and the Judgment and decree dated 30.03.1979 passed by the lower Court dismissing the suit, was affirmed.

3. While admitting the second appeal, this Court formulated the following substantial questions of law-

“1. Whether the First Appellate Court erred in dismissing the plaintiff’s applications under Order 41 Rule 27 filed on 210.1991 and 22.04.1994 seeking to place on record certified copies of public documents, which were beyond doubt and required no formal proof , number of documents were more than 30 years old and other being certified copies of the municipal record, which were not required formal proof . The applications were dismissed on irrelevant grounds.

2. Whether right of easement is attached to dominant heritage and is available against survient heritage, whosoever may be owner or resident in the






































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