Wali Husain Vs State Of U.P. And 2 Ors.

Allahabad High Court (Single Judge)

MATTERS UNDER ARTICLE 227, 3243 of 2015, Judgment Date: Jul 09, 2015

Case :- MATTERS UNDER ARTICLE 227 No. - 3243 of 2015
Petitioner :- Wali Husain
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Rupesh Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner is plaintiff in Original Suit No. 662 of 2006. The
evidence of the petitioner in the suit is over; even evidence of
D.W. 1 has been recorded. At this stage, the petitioner filed an
application 63(Ga) before the trail court for issuing commission
for giving a report about existence of eucalyptus trees on the suit
property. The application has been rejected by the trial court by an
order dated 28.9.2011, holding that the application filed by the
petitioner at that stage, is not bonafide, nor could be allowed and
thereby, the petitioner seeks to employ the agency of the court in
collecting evidence, whereas in the opinion of the trial court, the
plaintiff is required to prove his case himself. The order has been
affirmed in revision.
I do not find any illegality in the impugned orders which are
purely interlocutory in nature, to warrant interference in exercise
of supervisory jurisdiction under Article 227 of the constitution.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 9.7.2015
Arif