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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Shri Rajinder Pal – Appellant
Versus
Temple Trust Mata Chintpurni and another – Respondent
| Table of Content |
|---|
| 1. dismissal of application due to lack of evidence creation. (Para 1 , 2) |
| 2. court observations on procedural issues raised. (Para 3 , 4 , 6 , 12) |
| 3. court finds no reason for interference. (Para 5 , 8) |
| 4. burden of proof lies with the petitioner. (Para 7 , 9 , 10 , 11) |
| 5. final dismissal of the petition. (Para 13) |
Ajay Mohan Goel, Judge (oral):
In terms of order dated 24.05.2022 passed by the learned Trial Court, the application filed by the petitioner Under Order 26 Rule 9 the Code of Civil Procedure ( hereinafter referred to as the CPC), stands dismissed by assigning following reasons:-
“The object of local investigation under aforesaid provision is to enable the Court to
1.Whether reporters of the local papers may be allowed to see the judgment?
properly and correctly understand and assess the evidence on record but a Local Commissioner cannot be appo.inted in order to create evidence in favour of a party. In this case, the applicant has pleaded in para No.2 of his plaint that defendants have constructed a by pass road in Khasra No.1937/92 and 1939/92 in the year 2004 and nrow they intend to encroach upon Kuhasra No.1873/98 and 1874/98. The plaintiff/applicant appeare
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