Bhupinder Kour vs Jasbir Singh Bhatti

Sanjay Dhar, J

CM No. 4410/2022

This is an application filed by the applicant/petitioner seeking permission to treat the civil revision petition already filed by him as petition under Article 227 of the Constitution.

For the reasons stated in the application, the same is allowed. The instant revision petition is directed to be treated as petition under Article 227 of the Constitution. The Registry is directed to assign appropriate nomenclature to the petition accordingly.

The application is disposed of.

CM(M) No._____/2023

Through the medium of instant petition, the petitioner has challenged order dated 11.12.2018 passed by Sub Judge, Jammu whereby the application of the petitioner/plaintiff seeking permission to place on record the original sale deed pertaining to the suit property has been declined.

Heard and perused the record.

It appears that while the plaintiff/petitioner was about to lead evidence in support of his case before the trial court, she made an application seeking permission to place on record the original sale deed pertaining to the suit property.

The same has been rejected by the learned trial court on the ground that document in question has not been produced even after lapse of more than two years of framing of issues. Learned trial court has further observed that the application is silent about as to what document is sought to be produced and copy of the same has not been annexed with the application. On these grounds, the application of the petitioner/plaintiff has been dismissed.

A perusal of the record shows that the evidence of the petitioner/plaintiff was at initial stage at the time when the application was made. The record further shows that photocopy of the sale deed was already placed on record by the plaintiff along with the plaint and this fact finds mention in the application whereby leave of court to produce the original sale deed was sought.

Therefore, observation of the learned trial court that particulars of the document have not been mentioned in the application nor any copy of the said document has been filed, appears to be against the record. It is only because of that the learned trial court has landed itself into an error and passed the impugned order, which has resulted in grave illegality

For the foregoing reasons, the petition is allowed and the petitioner/plaintiff is permitted to file the original sale deed before the trial court on the next date of hearing fixed in the suit before the trial court.

Disposed of.

Copy of this order be sent to learned trial court with a direction to proceed further in the matter expeditiously in accordance with law.