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2005 Supreme(P&H) 321

M.M.KUMAR
Gurnam Singh – Appellant
Versus
Saudagarh Singh – Respondent


Judgment

1. This petition filed under Article 227 of the Constitution prays for quashing order dated 19-11-2003 (Annexure P-1) passed by the Additional District Judge, Ferozepur dismissing the application of the plaintiff-petitioner under Order 41 Rule 27 of the Code of Civil Procedure. The basis of the dismissal of the application is that a similar application for bringing on record orders dated 28-11-1986, 25-5-1962 and 24-1-1970 passed by different revenue authorities was filed before the learned trial Court and the same was dismissed on 9-8-2000. Having not filed any appeal or revision order dated 9-8-2000 has attained finality and was binding. According to the learned Additional District Judge, plaintiff-petitioner has placed an order dated 25-2-2002 passed by the Financial Commissioner Appeals for adducing additional evidence so that it may be shown that order has come into existence after the date of decision of the suit and an attempt has been made to camouflage the whole thing. It is appropriate to mention that the suit of the plaintiff-petitioner was dismissed on 31-10-2001.

2. After hearing the learned counsel for the parties, I am of the considered view that the impugned







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