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NIDHI GUPTA
Angrej Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Nidhi Gupta, J. - Prayer in the present revision petition is for setting aside the order dated 4.9.2018 (Annexure P-12) passed by Additional District Judge, Kurukshetra whereby the application filed by respondents/defendants for permission for leading additional evidence has been allowed at the appellate stage.
2. Brief facts of the case are that the petitioners/plaintiffs instituted a civil suit dated 16.1.2013 for permanent injunction restraining the respondents/defendant nos. 1 and 2 from cutting and removing any trees from the land mentioned in para 1 of the plaint which is stated to be in the ownership and possession of the petitioners/plaintiffs. Vide judgment and decree dated 19.5.2015 (Annexure P-5) the said suit was decreed in favour of the petitioners/plaintiffs. Respondents filed C.A.No.316/2015 under Section 96 CPC against the said judgment and decree dated 19.5.2015, which is pending.
3. During pendency of this Civil Appeal, the respondents first filed application dated 22.9.2015 for appointment of Local Commissioner. However, vide statement dated 27.8.2018 the respondents withdrew this application. In the meantime, the respondents filed the present application d
The court clarified that allowing additional evidence for demarcation in boundary disputes is essential and does not constitute filling up a lacuna, reinforcing the importance of accurate boundary de....
The conduct of parties seeking additional evidence is crucial; repeated applications dismissed indicate intent to delay proceedings, warranting rejection of new requests.
The onus is upon the plaintiff to prove the encroachment and produce the relevant record before the Revenue Official to enable demarcation. The Court cannot create evidence in favor of a party.
The court emphasized the importance of following instructions for demarcation and the power of the court to appoint a fresh Local Commissioner. The court also highlighted the need for evidence to be ....
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