Himachal Pradesh High Court
Anoop Dutta vs Unknown on 16 December, 2021
Bench: Mohammad Rafiq, Sabina
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 16TH DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MRS. JUSTICE SABINA
LETTERS PATENT APPEAL No.174 of 2021
Between:-
ANOOP DUTTA,
SON OF SH. DEV RAJ DUTTA,
RESIDENT OF YOL BAZAR,
TEHSIL DHARAMSHALA, ....APPELLANT/-
DISTRICT KANGRA, H.P. PLAINTIFF
(BY MS. AMBIKA KOTWAL KAUL,
ADVOCATE)
AND
1. MOHINDER SINGH, SON OF
MAHAJAN PATIALA BHUPINDER
SINGH, RESIDENT OF VILLAGE
DEHRA FALLOLO,
NEAR PUNJABI UNIVERSITY,
PATIALA (SINCE DECEASED
THROUGH HIS LRS)
1(a) CHARAN SINGH,
SON OF SH. KAPOOR SINGH,
VILLAGE SHAIKPURA,
P.O. PUNJAB UNIVERSITY
PATIALA, TEHSIL AND
DISTRICT PATIALA (PB).
1(b) RANJIT SINGH,
SON OF SH. KAPOOR SINGH,
VILLAGE SHAIKPURA,
P.O. PUNJABI UNIVERSITY
PATIALA, TEHSIL AND
::: Downloaded on - 31/01/2022 23:26:52 :::CIS
2
DISTRICT PATIALA (PB).
1(c) SANGEETA DEVI, WIFE OF
LATE SH. NARINDER SINGH,
SON OF LATE KIRAN INDER
SINGH, SON OF LATE
MAHARAJA PATIALA
.
BHUPINDER SIGH MALA,
RESIDENT OF VPO
GOPALPUR,
TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.
1(d) SMT. RAJINDER KAUR,
WIFE OF SH. KUMAD INDRA
SINGH, SON OF LATE
MAHARAJA PATIALA
BHUPINDER SINGH MALA,
RESIDENT OF VPO
GOPALPUR,
TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.
1(e) SMT. NALINI KUMARI,
DAUGHTER OF LATE
KANWAR KUMAD INDER
SINGH, RESIDENT OF VPO
GOPALPUR, TEHSIL
PALAMPUR, DISTRICT
KANGRA, H.P.
2. FAIZ MURTAZA ALI
(SINCE DECEASED) THROUGH
LEGAL REPRESENTATIVES:
2(a) BAHAR ALI, WIFE OF SHRI
MURTAZA FAZAL ALI
(MOTHER OF LATE
SH. FAIZ MURTZA ALI)
2(b) SHENAZ ALI, WIDOW OF
LATE SH. FAIZ MURTZA ALI.
2(c) ROHANI, WIDOW OF LATE
SH. FAIZ MURTZA ALI.
2(d) SEHAR ALI, DAUGHTER OF
LATE SH. FAIZ MURTZA ALI.
ALL RESIDENTS OF 112,
UDEY PARK, KHELGAON
ROAD, NEW DELHI.
::: Downloaded on - 31/01/2022 23:26:52 :::CIS
3
3. SAYED MASOOM AHMED ALIAS
JUGNU, RESIDENT OF VILLAGE
AND POST OFFICE ROZA
SHARIFF, TEHSIL SARHIND,
DISTRICT FATEHGARH SAHIB
.
(PUNJAB). ....RESPONDENTS
_____________________________________________________
This Letters Patent Appeal coming on for orders this
day, Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
JUDGMENT
This appeal has been preferred by appellant-plaintiff
Anoop Dutta, aggrieved by the order passed by the learned Single
Judge on 10.12.2021, in Civil Suit No.38 of 2005, titled Anoop Dutta
versus Mohinder Singh (deceased) through LRs and others,
summoning the appellant-plaintiff for recording the evidence. The
limited grievance of the appellant-plaintiff is that the learned Single
Judge, while dealing with Civil Suit No.38 of 2005, on original side,
ought to have proceeded first with the admission or denial of the
documents of the appellant-plaintiff in terms of Order XII of Code of
Civil Procedure. We, for this limited purpose, do not intend to
entertain this appeal but deem it appropriate to dispose of the same
by observing that it would be open for the plaintiff to invite the
attention of the learned Single Judge towards this aspect, who may
take an appropriate view of the matter before proceeding to record
the evidence of appellant-plaintiff.
Pending miscellaneous application(s), if any, shall also
.
stand disposed of.
Copy Dasti.
( Mohammad Rafiq )
Chief Justice
r to ( Sabina )
December 16, 2021 Judge
(Yashwant)
