Balram Sareen vs Rajesh Bhalla - 2023 Supreme(P&H) 1151

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1151

ALKA SARIN
Balram Sareen – Appellant
Versus
Rajesh Bhalla – Respondent

Advocates appeared:
Mr. G.S. Sirphikhi, Advocate for the petitioner.
Mr. Harminder Singh, Advocate for respondent Nos.1 to 3.
None for respondent Nos.4 and 5.

ALKA SARIN, J.

1. The present revision petition has been preferred under Article 227 of the Constitution of India challenging the order dated 01.07.2017 (Annexure P-6) vide which the application filed by the defendant-petitioner herein for de-exhibiting the documents i.e. site plan (Ex.P6 and Ex.P7) has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-respondent Nos.1 to 3 herein filed a suit for permanent injunction for restraining the defendant-petitioner and others from illegally and forcibly interfering in their possession as owners of the suit property and in the alternative for possession of the suit property. The plaintiff-respondent Nos.1 to 3 led their evidence. One of the witnesses, namely, Sukhdev Singh, Clerk, MC Batala, stepped into the witness box as PW3 and two documents (Ex.P6 and Ex.P7) were exhibited. An application was thereafter filed for de-exhibiting the documents (Ex.P6 and Ex.P7) on the ground that PW3 specifically stated that Municipal Committee had no record of the copy of the alleged site plan and that the evidence was recorded in the absence of the counsel for the defendant-petitioner and the documents were exhibited as

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