JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Present petition has been preferred against order dated 03.09.2021 passed by Civil Judge, Court No. IV, Hamirpur, H.P. in CMA No. 145 of 2021, in Civil Suit No. 487 of 2017, titled as Ramesh Chand @ Ramesh Kumar vs. Kamla Devi and Others, whereby an application preferred by the petitioner-plaintiff, under Order 26 Rule 9 of Code of Civil Procedure (in short ‘CPC’) read with Section 75 of CPC, has been dismissed on the ground that in the application petitioner-plaintiff had virtually requested the Court to collect the evidence and the provisions under Order 26 Rule 9 CPC cannot be used for the said purpose.

2. Petitioner-plaintiff has filed suit for declaration that he is absolute owner in possession of land comprised in Khasra No. 3331/1510, 1511 and has right over the path to this land through the land comprised in Khasra No. 1521, 1522 and 1523, situated in Tika Up-Mahal Gaura, Rappa Bajuri, Tehsil and District Hamirpur, H.P., and for Permanent Prohibitory Injunction against respondents-defendants from obstructing the path in question and for mandatory injunction, if respondents-defendants succeed in obstructing the said path.

3. During pendency o