IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.230 of 2008. Date of decision: 10.09.2008. Amro @ Amar Singh …Petitioner Versus Gul Bahadur …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioner: Mr.N.K. Sood, Advocate. For the Respondent: Mr.Vivek Singh Thakur,Advocate. Dev Darshan Sud,J. This is the defendant’s petition challenging the order passed by the learned Civil Judge(Junior Division), Dalhousie, rejecting the application of the petitioner, defendant herein, for filing on record copy of the memo of grounds of appeal etc. The defendant herein submitted a petition under Order 8 Rule 3 (wrong provisions of law), but nonetheless alleging in the body of the application that proceedings of partition are pending before the Collector, Sub Division, Dalhousie in appeal No.06/SDM/Dalhousie, titled Amro vs. Pritam Singh and others, in which the plaintiff, respondent herein, has 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 been arrayed as respondent No.29. The prayer made is for placing on record the certified copy of the memorandum of appeal, title of appeal and certified copy of the application under Order 1 Rule 10 of the Code of Civil Procedure. The application was resisted by the respondent and the learned Court below, by its order, rejected the application. The order passed by the learned Court below cannot be sustained under any circumstance. All that the defendant sought was to place on record was the certified copies of the documents relating to statutory proceedings pending under the Land Revenue Act. To say the least, the order is terse and is not germane to the main controversy which has been raised. Admittedly it is the discretion of the Court to allow the filing of document but that does not mean that the discretion is to be exercised in a mechanical manner. The petitioner seeks to place on record the certified copies of documents in statutory proceedings. This petition is accordingly allowed. Permission is granted to the petitioner herein to place such documents on record. The matter shall proceed before the trial Court thereafter. The interim directions issued shall stand vacated. Parties to appear before the learned trial Court on 30.10.2008 September 10, 2008. (Dev Darshan Sud) (aks) Judge.