JAGMAL SINGH Vs. NARESH KUMAR

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition has been filed challenging the impugned order dtd. 22/8/2019, passed by the ADJ-05, South West, Dwarka Courts, New Delhi (hereinafter, "Trial Court"), by which the application seeking permission to lead rebuttal evidence, filed by the Plaintiff in the suit i.e., Petitioner herein (hereinafter, "Plaintiff"), has been rejected by the Trial Court.

(3.) The brief background is that a suit for partition came to be filed by the Plaintiff seeking partition of various properties, which according to the Plaintiff are joint family properties. In the said suit, the primary allegation of the Plaintiff was that there were various properties which were joint family properties deserving to be partitioned, and the second allegation was also that various other properties, which were joint family properties, were sold, and certain other properties were purchased by the predecessor in interest. Hence, according to the Plaintiff, even the said new properties were liable to be partitioned.