DEVRAJ MANOCHA Vs. MANOJ KUMAR GUPTA

JUDGEMENT

(1.) This is a tenant's writ petition, being aggrieved by the order of the Revisional Court dated 4.3.2015 (revision under section 25 of the Provincial Small Causes Court Act), by which the application of the petitioner/defendant for placing additional evidence in the revision proceedings have been rejected. The reason assigned by the Revisional Court are that the provisions of Order XLI, Rule 27 of the Code of Civil Procedure are not applicable in a revision as these provisions are apparently only applicable in an appeal. Moreover, it has not been stated by the revisionist as to what is the relevance of the documents, he wants to place in evidence.

(2.) The reasoning adopted by the Revisional Court cannot be faulted, inasmuch as, the defence of the present petitioner/tenant remains the same in the present proceedings as it was in the proceedings before the civil suit. The plea for taking additional evidence before the Revisional Court after almost one year since the withdrawal of the original suit appears only to dilate the proceedings in revision, which has been rightly rejected by the Revisional Court.

(3.) This Court is of the opinion that even though no interference is presently being made, the Sessions Court if at any later stage, comes to the conclusion that the said evidence is vital for the defence of the defendant, it can allow the same to be recorded, but the writ petition is presently dismissed in limine. No order as to costs.