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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Naresh Bala – Appellant
Versus
Udey Parkash (deceased) through LRs – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. defendants' allegations and claims of possession. (Para 4 , 10 , 13 , 14) |
| 3. procedural background and developments in the case. (Para 5 , 7 , 8 , 12 , 22) |
| 4. principle of judicial discretion in procedural matters. (Para 18 , 19 , 29) |
| 5. final outcomes and order of the court. (Para 34 , 35 , 36) |
JUDGMENT :
Romesh Verma, J.
The present petition arises out of the order dated 12.11.2025, passed by the learned Senior Civil Judge, Nahan, District Sirmaur, H.P., whereby, an application filed by the defendant/applicant under the provision of Order 8 Rule 1 (A) (3) of CPC has been allowed.
2. The brief facts of the case are that the petitioner/ plaintiff filed a suit for permanent prohibitory injunction against one Sh. Udey Prakash and Smt. Padmini Devi before the Court of learned Senior Civil Judge, Nahan, Distt. Sirmaur, H.P.
3. As per the averments as made in the plaint, it has been averred that the defendants are successors and rulers of the Sirmaur estate who have got the exclusive ownership of Khasra No. 71, 72, 73, 75 alongwith other Khasra numbers vide partition mutation No. 6 dated 13.12.2014 duly entered in the Jamaban
Procedural rules serve to facilitate justice; allows for late admission of evidence if no prejudice is caused to the opposing party.
The court established that a defendant must produce relevant documents at the time of the written statement and provide valid reasons for any subsequent applications to introduce documents; failure t....
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....
Point of Law : If procedural violation does not seriously cause prejudice to adversary party, Court must lean towards doing substantial justice.
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