Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1207 of 2018 Petitioner :- Bankelal Pathak Respondent :- Civil Judge (J.D.)/F.T.C. And 9 Others Counsel for Petitioner :- C.P. Dwivedi Counsel for Respondent :- V.K. Baranwal
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 25.1.2018, the trial Court has rejected the application filed by the petitioner, who is plaintiff in Original Suit No. 387/2003, wherein, he prayed for summoning the original bandobast records. According to learned counsel for the petitioner, the occasion to file such an application arose when the Court by order dated 10.8.2016 has rejected the report of the Court amin on the ground that the bandobast map on basis of which amin had given his report, is not an authenticated map of the original record and appears to be a doubtful document. The trial Court has also observed that in case, the petitioner was aggrieved by the said order, it was open to him to challenge the same before the higher Court.
Counsel for the petitioner submitted that the order dated 10.8.2016 is already under challenge in a revision filed by the petitioner.
In the opinion of the Court, disposal of an application, one way or the other, for summoning a particular record, is within the discretion of the trial Court. This Court is not inclined to interfere with such a discretionary order, which is also purely interlocutory in nature, in exercise of its supervisory power under Article 227 of the Constitution.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.2.2018 AM/-