N K VERMA Vs. BATLIBOI AND COMPANY LIMITED

JUDGEMENT

(1.) The petitioner has preferred this revision petition against an order passed by the Civil Judge dated 30-5-1996, allowing the respondent's application under Order XIII Rule 2 read with Section 151 Civil Procedure Code and the application under Order XVI Rule 1 read with Section 151 CPC.

(2.) By the impugned order, respondent was permitted to place on record the miautes of meating dated 24-1-1996 and rosolution of the same date. The order further permitted the additional list of witnesses to be taken on record for the purpose of proving the aforesaid documents. The main submission of the petitioner is that in the absence of a plea in the plaint about the resolution passed in the meeting of 24-1-1996, the plaintiff could not have been permitted to lead evidence in respect thereof. It is further contended that the respondent had fabricated the resolution with a view to save the suit and fill in the lacunae, when practically the entire evidence was over.

(3.) For a proper appreciation of the mailer in controversy, it would be necessary to recapitulate the facts: