SAT PAL Vs. SURAJ BHAN MALHOTRA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 2. 11.1992 of Shri Shiv Charan, Addl. District Judge, Delhi, thereby dismissing the application of the petitioner under Order 13 Rule 2 read with Sec. 151 CPC.

(2.) Briefly stated, the facts leading to the filing of revision petition are that the respondent filed a suit for possession against the petitioner, stating herein that he was in unauthorised occupation of the portion of property in dispute, which was exclusively owned by the respondent. The suit was contested by the petitioner/defendant by way of filing a written statement. Issues were framed on 14.5.1992, which include an issue with regard to valuation of the suit for the purposes of court fee and jurisdiction and as to whether the property in suit is Joint Hindu Family property. The case was adjourned for evidence and in the mean time, an application under Order 13 Rule 2 r.w. Sec. 151 PC was filed by the petitioner/defendant on 3.7.1992, in which, a prayer was made for permission to place on record, the report of the Architect about the valuation of the property in question and also a note book having the accounts about the construction etc. of the disputed property. This application was, however, dismissed vide impugned order.

(3.) I have heard Mr. Atul Kumar, learned counsel for the petitioner and Mr. M.M. Sudan, learned counsel for the respondent and have also gone through the record.