Court dismissed petition under Article 227 challenging rejection of application for Amin commission to identify suit property extent. Held rejection was correct as defendant's evidence phase ongoing.
Petition dismissed with no further relief.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9172 of 2018
Petitioner :- Jagdish Sahu Respondent :- Gore Lal Sahu And Another Counsel for Petitioner :- Ray Sahab Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The orders impugned in the present petition have been passed on an application 70C2 filed by the plaintiff for getting an Amin commission to identify the extent of the residence of the plaintiff over the suit property. The order indicates that evidence of the plaintiff has been concluded and the suit is being proceeded for the evidence of the defendant. There is a denial on the part of the defendant regarding the claim of the plaintiff being resident of the suit property.
In the said circumstance, at the stage of the evidence of the defendant, the application moved by the plaintiff for issuance of the Amin commission has rightly been rejected.
The conclusion drawn by the court below that the Amin commission cannot be issued to collect the evidence in favour of the plaintiff, therefore, cannot be said to suffer from any error of law.
However, it is always open for the court below, in case of any doubt, to issue the Amin commission so as to get identification/status of the suit property, at an appropriate stage.
Subject to the above, the present petition is disposed of.
Order Date :- 13.12.2018 Pratima
1 issue framed by the court
Whether issuance of Amin commission at the stage of defendant's evidence amounts to error of law.
Jagdish Sahu
Gore Lal Sahu
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
