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2022 Supreme(HP) 172

MS.JYOTSNA REWAL DUA
Roomi Ram, Son Of Smt. Dei D/o Chand – Appellant
Versus
Tej Singh, Son Of Shri Chandq – Respondent


Advocates:
Advocate Appeared:
SH. VINOD CHAUHAN, MR. NIMISH GUPTA, ADVOCATE

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

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