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2025 DAILYLAW 35743 (HP)

SHER SINGH v. RATTAN CHAND AND ORS

CMPMO/633/2025 · 2025-10-31

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.633/2025 Date of Decision: 31st October, 2025. Sher Singh .....Petitioner Versus Rattan Chand and Ors. ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Munish Datwalia, Advocate. For the Respondents: Nemo. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned order dated 03.06.2025 (Annexure P-7), passed by the learned Civil Judge, Barsar, District Hamirpur, HP, whereby an application filed under Order 8 Rule 1 CPC by the present petitioner/defendant for placing on record a certificate issued by the Patwari Patwar Circle Dhangota, HP has been rejected. 2. Heard counsel for the petitioner, perused the impugned order and the records appended along with the petition. 3. The suit, in the case at hand, was filed in the year 2016. The same has been filed qua partition inter se the parties. At present, the suit is at its final stage i.e. passing of a preliminary decree. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 4. From a perusal of the impugned order, it is evident that certificate sought to be placed on record is not relatable to any provision of law under which it was made. The same is not an entry in a public record, prepared by a public servant in the discharge of his official duty. Since it is not an official act, it carries with it no presumption of regularity. The same has not been verified by any higher authority. The learned trial court has correctly observed that at the stage of passing of the preliminary decree, the document sought to be placed on record would not help in the adjudication of the matter. At this stage, only shares have to be determined. Subsequent thereto, a Local Commissioner appointed under relevant provision of Order 26 CPC, would perform his duty. 5. In the aforesaid facts and attending circumstances, I see no reason to differ with the view taken by the learned trial Court and no interference is called for in the well- reasoned impugned order dated 03.06.2025. 6. In view of the above, the present petition is dismissed being devoid of merit. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 31st October, 2025 (Gaurav Rawat)