HP HC | A permitted site plan on record does not ipso facto stand proved, Court reinstates

Himachal Pradesh High Court: The Bench of Ajay Mohan Goel, J., dismissed a petition challenging the order of the Senior Civil Judge, being devoid of merit.

In the pertinent case, the petitioner challenged the order of the Senior Civil Judge in Kalyan Chand v. Shiv Kumar, CMA No. 598/2018, Civil Suit No. 1975/2013 which was under Order 7 Rule 14 of the Code of Civil Procedure. The trial Court had allowed the application seeking permission to place another site plan on record, which contained the numbers of house and shop. It had allowed the application and even imposed costs upon the applicant for the permission so granted, by holding that it will clarify the suit property and would not cause any prejudice to the parties.

The Court held that the contention of the learned counsel Mr T.S. Chauhan, that the impugned order causes prejudice to the petitioner is devoid of merit. And further held that, “simply because the site plan has been permitted to be placed on record, does not ipso facto mean that site plan as it is stands proved. Petitioner shall have the opportunity not only to cross-examine the witnesses who may be produced by the plaintiff to prove the same, but also the opportunity to lead rebuttal evidence in this regard.”[Shiv Kumar v. Kalyan Chand, 2019 SCC OnLine HP 314, decided on 18-03-2019]

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