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2015 Supreme(MP) 625

SUJOY PAUL
Ramesh Chand – Appellant
Versus
Usha Devi – Respondent


Advocates:
D. D. Bansal for petitioner; A.V. Bhardwaj for respondents No.1 to 3;
Vishal Mishra, Deputy Advocate General for respondent No.4/State

ORDER

1. This petition filed under Article 227 of the Constitution challenges the order dated 18.10.2011 passed in Case No.6/2010 whereby the application preferred by the petitioner/plaintiff under section 151 CPC was disallowed by the Court below.

2. Petitioner filed a suit for declaration and permanent injunction. The relief was related to Survey No.890. The respondents No.1 to 3 herein filed counter claim. In the counter claim, they prayed for a relief relating to Survey No.888, 889, 890 and 891/2. Thereafter, the plaintiff filed an application under Order 26 rule 9 CPC (Annexure P-5). In the said application, the petitioner prayed for demarcation of the land mentioned in the plaint. Another application under Order 26 rule 9 CPC was filed by respondents No.1 to 3 (Annexure P-4). In the said application, the respondents prayed for inspection of Survey No.888, 889, 890 and 891/2. The Court below by order dated 1.4.2010 (Annexure P-6) considered the aforesaid applications preferred under Order 26 rule 9 CPC by the plaintiff and defendants. The Court below in its detailed order directed that the report relating to Survey No.890 be produced. Thereafter, an application under section 15







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