NAGENDER KUMAR Vs. ANITA TIWARI

JUDGEMENT

(1.) Petitioners impugn order dated 10.05.2018 whereby the application of the petitioners under Order 18 Rule 17 for recall of the Witness and permission to lead further evidence to prove certain documents has been dismissed.

(2.) Subject suit was filed by the respondent for recovery of possession, arrears of license fee and mesne profits contending that respondent is the owner of the subject property. It is contended that the subject property was licensed to the petitioners on a monthly license fee of Rs. 4000/- which was subsequently enhanced to Rs. 4500/- for the purposes of having a regular watch and ward over the property.

(3.) Written statement was filed by the petitioners contending that petitioner No.2 is the owner of the subject property. After the evidence of the parties was concluded and matter was at the stage of final hearing, subject application under Order 18 Rule 17 has been filed by the petitioners contending that petitioners could not exhibit certain documents in their evidence affidavit which was filed before the Court. It is contended that the mistake was bonafide and unintentional.