CMPMO No. 163/2008 10.9.2009 Present: Mr. Ashwani K. Sharma, Advocate, for the petitioner. On 24.8.204, Shri Davinder Singh (respondent herein) filed a suit for malicious prosecution against Shri Piar Chand (petitioner herein). In the said suit,Sh. Piar Chand as defendant filed an application under Order 8 Rule 1-A(3) CPC seeking to place on record the following documents:- “(i) Certified copy of judgment and decree sheet dated 29.04.2008 passed by Ld. Civil Judge (Junior Division) Court No.II, Hamirpur (H.P.) in Civil Suit No. 450 of 1997 titled Shri Piar Singh @ Piar Chand versus the State of H.P. & others. (ii) Certified copy of the order dated 3.2.1998 passed by Ld. Sub Judge Ist Class (II), Hamirpur (H.P.) in CMA No. 418/1997 alongwith certified copy of application under Order 1 Rule 10 C.P.C. and order dated 20/1/98 passed on the aforesaid application.” The Court below dismissed the application on the ground that the judgment, decree and orders passed by the Civil Court were not relevant for determining the question whether Shri Piar Chand had initiated the criminal proceedings with a reasonable cause or not. Shri Davinder Singh, was served but has chosen not to cause appearance. The matter was adjourned on 2.9.2009 as none was present on his behalf. Even today none has entered appearance. Hence, the matter is being considered in his absence. I have seen the documents placed on record. The judgment and decree dated 29.4.2008 passed by the Civil Judge (Jr. Division), Court No.2, Hamirpur, H.P. pertains to the suit filed by Shri Piar Chand against various defendants including Shri Davinder Singh. The trial Court decreed the plaintiff’s suit by restraining the defendants from causing any sort of -2- interference or constructing the road through the suit land. In terms of the order dated 3.12.2008, the Court also restrained the defendants including Shri Davinder Singh from constructing the road/passage. The application dated 16.1.1998 filed by the Pradhan Gram Panchayat, Anu Kalan and others Under Order 1 Rule 10 CPC also pertains to the issue of blockade of the road. The proceedings initiated by Shri Piar Chand, before the Judicial Magistrate Ist Class, Court No.1, Hamirpur, H.P. were as a consequence of violation of the order passed by the Civil Court. Hence, in my considered view, the Court below seriously erred in holding that the documents sought to be placed on record are not relevant for determining the question in issue. As to whether Shri Davinder Singh violated the orders passed by the Civil Court and as to whether Sh. Piar Chand had initiated the criminal complaint maliciously or not is a fact in issue and the documents sought to be placed on record would have a definitely bearing on the same. The documents are necessarily required for the purposes of adjudication of the controversy in issue. For the aforesaid reasons, the impugned order dated 29.5.2008 passed by the Civil Judge (Sr. Division), Hamirpur (H.P.) is set-aside and the application filed by the petitioner herein is allowed. The documents are permitted to be taken on record which the petitioner may prove in accordance with law. The petitioner is directed to appear before the trial Court on 5.10.2009 for further proceedings. Interim order dated 05.08.2008 is vacated. The petition is disposed of. ( Sanjay Karol ), Judge. September 10, 2009 (rana)