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MS.JYOTSNA REWAL DUA
Roomi Ram, Son Of Smt. Dei D/o Chand – Appellant
Versus
Tej Singh, Son Of Shri Chandq – Respondent
ORDER :
1. Learned Trial Court vide order dated 6.10.2021 dismissed an application moved by the defendant- petitioner herein under Order 8 Rule 1A(3) read with Section 151 of the Code of Civil Procedure for placing on record memo of appeal and certain order sheets of RSA No. 574 of 2008 instituted before this Court. The order has been questioned by the defendant in this petition.
2. A suit was filed by Tej Singh plaintiff (respondent herein) seeking a decree for permanent prohibitory injunction against Roomi Ram defendant (petitioner herein) in respect of the suit land measuring 39-09-00 bighas, comprised in khata khatauni No. 44/51, 42/49, situated in Mohal Andwas, Pargana Himgiri, Tehsil Salooni, District Chamba. In the alternative, a decree for possession was also prayed for. It was mentioned in paras 3 & 4 of the plaint that defendant Roomi Ram had earlier filed a Civil Suit for declaration and permanent prohibitory injunction. This Civil Suit bearing No. 154 of 2001, titled as Roomi Ram versus Tej Singh & others was regarding the same suit land as involved in the present lis. That the said Civil Suit was dismissed by the Civil Judge (Sr. Divn.) Chamba vide judgment and decree da
Point of Law : If procedural violation does not seriously cause prejudice to adversary party, Court must lean towards doing substantial justice.
Procedural rules serve to facilitate justice; allows for late admission of evidence if no prejudice is caused to the opposing party.
Point of Law : Provisions of clause (b) of Rule 27 of Order 41CPC. Said rule applies when Court feels that production of any document or examination of any witness is necessary to enable it to pronou....
Documents not mentioned in the plaint cannot be introduced later without court permission, emphasizing the necessity of timely submission under Order VII Rule 14 CPC.
Defendants' failure to show due diligence and timely filing of documents justifies dismissal of their applications under the Code of Civil Procedure and no grounds were shown for High Court intervent....
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
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