Court cannot be used as a tool to create evidence; application under Order 10 Rules 9 and 10A CPC rejected

Himachal Pradesh High Court: A Single Judge Bench comprising of Ajay Mohan Goel, J. dismissed a petition filed against the order of trial court whereby petitioner’s application under Order 10 Rules 9 and 10A CPC was rejected.

In the abovesaid application, the petitioner had prayed to the court that a revenue expert be appointed to prepare excerpt and to report the history of the suit land as per pedigree table, as in its absence, the petitioner won’t be able to prove his case. Trial court rejected the application holding that it was for the petitioner to prove his case by leading his own evidence. Aggrieved thus, the petitioner filed the instant petition.

The High Court found no merit in the petition. It noted that the suit was filed somewhere in 2008; issues were framed and evidence was led. It was at that stage of hearing that the said application was filed. The Court observed that before ordering any investigation under the said rules, the court has to be satisfied that the same shall be necessary for the purpose of adjudication. Further, in the present case, the matter being a property dispute, the onus was on the petitioner to prove his case. Neither scientific investigation was required, nor the court deemed a local investigation necessary for the purpose of elucidating evidence. The Court also observed that it is not a right conferred upon a party to call upon the court to order an investigation. Accordingly, the petition was found sans merit and was dismissed. [Rajinder Singh v. Ran Singh,2018 SCC OnLine HP 889, dated 18-07-2018]

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