1988 Supreme(Raj) 870
I.S.ISRANI
Ramji Lal – Appellant
Versus
Durga Lal – Respondent
JUDGMENT
1. - This civil revision petition under Section 115, Civil Procedure Code has been filed against the order dated 28-10-1987 passed by learned Munsif and Judicial Magistrate, Karauli in Civil Suit No. 62/1982.
2. A suit was filed by the plaintiffs-non-petitioners claiming issue of permanent injunction against the petitioners-defendants to restrain them from opening spout or put any terrish towards the disputed land mentioned in paras Nos. 1 and 2 of the plaint and also for removal of the construction. The trial court framed issue No. I whether the disputed land/gali is of ownership and in possession of the plaintiffs-non-petitioners.
3. An application under Order 13, Rule 2, Civil Procedure Code was filed on 9-10-1987 praying that two documents i.e. a letter dated 31-7-1987 of Assistant Commissioner, Devsthan and a certified copy of judjement of Assistant Commissioner, Devsthan may be permitted to be taken on record. The trial court after hearing both the parties, dismissed the application vide order dated 28th October, 1987.
4. The contention of Shri Goyal, learned Counsel for the petitioners-defendants is that the documents are above suspicion. He also states that he does no
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