Himachal Pradesh High Court
Ramesh Kumar vs . Nikki Devi & Others on 18 April, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Ramesh Kumar vs. Nikki Devi & others .
CMPMO No.75 of 2022 18.04.2022 Present: Mr.Naresh K. Sharma, Advocate, for the petitioner.
Mr.Janesh Gupta, Advocate, for respondents No.1 to 3.
CMPMO No.75 of 2022 & CMP No.2889 of 2022 No reply is intended to be filed on behalf of appearing respondents. However, it has been submitted that for adjudication of issue involved in present case, original record of the trial Court shall be necessary for referring list of documents, documents filed and reliance memo filed under Order 7 CPC. Instead of calling for entire record from the trial Court, it would be appropriate to requisition authenticated photocopies of the original record, from the trial Court i.e. of Form filed with the plaint under Order 7 Rule 13 or Order 7 Rule 14 CPC, if any, as the case may be i.e. list of documents, reliance memo alongwith photocopies of documents filed by the plaintiff.
Registry to do the needful well before next date of hearing to make authenticated copies of the aforesaid record available by next date of hearing.
At this stage, learned counsel for the petitioner has submitted that suit has been listed in the trial Court for recording evidence of the plaintiff on 19.04.2022.
Decision in present petition may have bearing on the evidence to be led by the plaintiff. Therefore, trial Court is directed to defer the recording of evidence of the plaintiff till further orders.
Parties are at liberty to place on record any document, which is relevant to them for adjudication of the present petition.
List on 26.05.2022.
::: Downloaded on - 19/04/2022 20:08:11 :::CIS.
Parties are permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/authorities concerned, and the said Court/authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High Court.
(Vivek Singh Thakur) Judge April 18, 2022 (Purohit) ::: Downloaded on - 19/04/2022 20:08:11 :::CIS