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2022 Supreme(HP) 856

SATYEN VAIDYA
Sarvan (since deceased) through his LRs Sh. Om Parkash – Appellant
Versus
H. P. State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vipin Pandit, Advocate.
For the Respondents:Mr. Vishal Thakur, Advocate, vice Mr. Vikrant Thakur, Advocate.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has assailed order dated 28.3.2022, passed by learned Civil Judge, Kasauli, District Solan, H.P. in Civil Suit No. 52/1 of 2015, whereby the application of petitioner under Order 7 Rule 14 (3) of the Code of Civil Procedure has been rejected.

2. Petitioners are the plaintiffs before the learned trial Court and the respondents are the defendants.

3. Plaintiffs have filed a suit for injunction against the defendants seeking to restrain them from causing interference in the suit property owned by the plaintiffs. It is alleged that the defendants are laying electricity transmission line through the land of the plaintiffs and from above the trees standing thereon.

4. The suit is being contested by the defendants. The parties have already led their evidence. After closure of defendants’ evidence, the plaintiffs filed an application under Order 7 Rule 14 (3) of CPC seeking leave of the Court to file additional documents. The plaintiffs submitted in the application that before the institution of the suit, a correspondence had been received from the defendants, the contents of which amounted to admission of defendants on the fac

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