Admissibility of evidence - spot map without demarcation report

Dharam Chand Chaudhary, J (Oral).

Heard. Challenge herein is to an order dated 18.07.2015 passed by learned Civil Judge (Junior Division), Karsog, District Mandi, H.P. in an application filed under Order 7 Rule 14(3) of the Code of Civil Procedure, registered as CMA No. 98-IV/2015, whereby the prayer made in the application qua placing on record the spot map filed therewith has been declined on the ground that without primary proof such as demarcation report etc., the spot map is not admissible in evidence. The application, as such, was dismissed.

2. Learned counsel submits that at the time when the application for placing on record the spot map filed, copy of demarcation report and other records pertaining to the demarcation proceedings was not available with the petitioner-plaintiff and only the copy of spot map was made available to him. Now, after dismissal of the application, the demarcation report and other record, i.e. the statements of the parties and local residents have also been supplied to him.

3. The copy of demarcation report, statements of the parties, spot map and that of the defendant and other right holders are annexed to the application as Annexure P-6, which was filed before the Assistant Collector 1st Grade for conducting demarcation of the land in dispute. Since it is only the spot map alone could be filed along with the application under Order 7 Rule 14(3) of the Code of Civil Procedure, learned trial Judge was absolutely justified while declining the permission to take the same on record, because without demarcation report and other proceedings, the spot map was nothing but merely a waste paper, having no evidentiary value. The same as such was rightly refused to be taken on record. However, now not only copy of the application filed before the Assistant Collector 1st Grade, Annexure P-6, but that of the demarcation report, statements of the parties and other right holders recorded during the course of demarcation proceedings and spot map are available with the petitioner-plaintiff. Therefore, the application, Annexure P-7 under Order 7 Rule 14(3) of the Code of Civil Procedure needs consideration afresh in the light of the records now available with the petitioner-plaintiff.

4. The impugned order, as such, is quashed and set aside. The application is remanded back to the trial Court for fresh disposal in accordance with law. The petitioner-plaintiff shall place on record the documents i.e. the copy of application under Section 107 of the H.P. Land Revenue Act filed before the Assistant Collector 1st Grade for demarcation of the land, copy of demarcation report, copies of the statements recorded during the course of demarcation proceedings in the trial Court by way of supplementary affidavit. It is thereafter the application shall be disposed of afresh after affording the opportunity of being heard to the parties on both sides. The parties through learned counsel representing them are directed to appear in the trial Court on 5th September, 2016.

5. This petition is accordingly allowed and stands disposed of. Pending application(s), if any, shall also stand disposed of.

An authenticated copy of this judgment be sent to learned trial Judge for compliance.