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2018 Supreme(HP) 588

CHANDER BHUSAN BAROWALIA
Suresh Kumar – Appellant
Versus
Harbans Lal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.L. Chaudhary, Advocate.
For the Respondents:Mr. Bhupender Gupta, Ms. Rinki Kashmiri, Advocate.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioner, under Article 227 of the Constitution of India, for quashing and setting aside the impugned order, dated 11.1.2018, passed by the learned Senior Civil Judge, Dharamshala, H.P, in Civil Suit No.302 of 2013 titled Suresh Kumar vs. Harbans Lal and others, whereby the learned Court below, has framed the issues in an application, under Section 65 of the Indian Evidence Act, for leading secondary evidence of the alleged document i.e. tatima and field book dated 6.7.2003.

2. Brief facts giving rise to the present petition are that the petitioner-plaintiff (hereinafter referred to as ‘the plaintiff’) maintained a suit through his wife Smt. Manju Devi-General Power of Attorney alleging therein that there exists only one approach to access Plot No.3 i.e. Khasra No.380/22/6/3, Khata No.34, Khatauni No.60, area measuring 0-00-78 hectares, situated at Mohal Chailiyan Mauza Mant Tehsil Dharamshala, District Kangra, H.P. Earlier, the suit land was owned and possessed by defendant No.1 and made an offer in the year 2003, to sell the same to the plaintiff and defendant No.3, which was accepted by the plaintif








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