1-Applicant applied for permanent Injunction order in civil court( because his land was being illegally possessed) and it was issued on 06-02-2014 by civil court.The ad-interim injunction order is extended date to date.
But on 18-12-2014 applicant gave application for its further extension.
Civil Court reader has numbered the application and indexed it,but he did not extended it in order sheet.0n 18-12-2014 judge was also on leave.But applicant came to know that it was not extended.
On next date the defendant lawyer raised objection 6-C on it.
2-No hearing was done on 6-C till date.
3-The above matter is about the declaration suit filed by two brothers in which a decree was issued in 1995 specifying the boundary(North, South, East, West) but no measurement map was given to court.
4-In 09-02-2000 an acknowledgement letter(photocopy) was given by elder brother to younger brother specifying measurements with two witness.
5-One of the witness has expired till date.
6-The applicant has given the photocopy of the acknowledgement letter in the court case specified in point 1 above.
7-The second witness has given a notarized affidavit in court stating that the acknowledgement letter is true and was made in his presence.
8-Applicant gave a notice to deponent under Order 12 rule 4 to accept the evidence(photocopy of the acknowledgement letter).
9-My lawyer told me that since no hearing is done on 6-c and no issues are made on case therefore the second witness cannot be presented in court.
10-The second witness is on its deathbed.
11-Can a registered will be taken from second witness about his statement?
1-Applicant applied for permanent Injunction order in civil court( because his land was being illegally possessed) and it was issued on 06-02-2014 by civil court.The ad-interim injunction order is extended date to date.
But on 18-12-2014 applicant gave application for its further extension.
Civil Court reader has numbered the application and indexed it,but he did not extended it in order sheet.0n 18-12-2014 judge was also on leave.But applicant came to know that it was not extended.
On next date the defendant lawyer raised objection 6-C on it.
2-No hearing was done on 6-C till date.
3-The above matter is about the declaration suit filed by two brothers in which a decree was issued in 1995 specifying the boundary(North, South, East, West) but no measurement map was given to court.
4-In 09-02-2000 an acknowledgement letter(photocopy) was given by elder brother to younger brother specifying measurements with two witness.
5-One of the witness has expired till date.
6-The applicant has given the photocopy of the acknowledgement letter in the court case specified in point 1 above.
7-The second witness has given a notarized affidavit in court stating that the acknowledgement letter is true and was made in his presence.
8-Applicant gave a notice to deponent under Order 12 rule 4 to accept the evidence(photocopy of the acknowledgement letter).
9-My lawyer told me that since no hearing is done on 6-c and no issues are made on case therefore the second witness cannot be presented in court.
10-The second witness is on its deathbed.
11-Can a registered will be taken from second witness about his statement?
