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PANKAJ PUROHIT
Jan Shiksha Prasar Samiti – Appellant
Versus
Gunanand Dhani – Respondent
JUDGMENT :
The instant writ petition has been filed by the petitioner/defendant with the following reliefs:-
(ii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstance of the case.
(iii) To award the cost of the petition in favour of the petitioner.”
2. An original suit has been filed by the respondent/plaintiff bearing Original Suit No.735 of 2007, Gunanand Dhyani vs. Jan Shiksha Samiti in the court of IInd Additional Civil Judge (Jr. Div.), Dehradun for a mandatory injunction to demolish the illegal construction made by the petitioner/defendant over the land in question and to hand over the vacant and a
Non-compliance with an order for discovery of documents under Order 11 Rule 21 of CPC can lead to dismissal of a suit for want of prosecution.
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
The court upheld the trial Court's dismissal of applications to introduce documents due to lack of valid grounds for delay, affirming the importance of timely evidence submission under procedural rul....
Trial court justified in striking out defence under Order XI Rule 21 CPC for willful non-compliance with unchallenged order to produce pleaded documents on oath.
The court upheld the rejection of a writ petition challenging the dismissal of an application for additional evidence, emphasizing that such evidence cannot be introduced to fill gaps in a case.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
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