RAGHURAJ SHARAN SHARMA Vs. URMILA DEVI

JUDGEMENT

(1.) JANARDAN Sahai, J. The suit gives rise to the present revision was filed by the plaintiff-respondent on 1-1-1988 for eject ment and arrears of rent. In the said suit an application for filing written statement was allowed on payment of costs on 15-2-1988. However, on 5-4-1988 as the written statement has not been filed and the defen dant was absent and application for ad journment filed by him was rejected, the Court passed an order fixing the case for ex-parte hearing on 26-4-1988. Against the order dated 5-4-1988 a revision was filed in this Court. The revision was dismissed. After dismissal of the revision, an applica tion 67 (Ga) was filed by the defendant seeking that he may be permitted to ad duce evidence. The Vth Additional Dis trict Judge by the impugned order dated 22-3-1993 rejected the said application in part and permitted the defendant to lead evidence only in rebuttal of the plaintiff's evidence and refused to allow the defen dant to adduce evidence on any case of his own. The Court below also considered the authorities of the Supreme Court in the case of Arjun Singh v. Mohindra Kumar and others, AIR 1964 SC 993, and other cases in which it has been held that a defendant can be allowed to participate even an order of ex-parte has been passed against him when he entered appearance. However, he will not be allowed to set the clock back. The Vth Additional District Judge also rejected the application of the defendant for filing a copy of judgment and decree regarding the rat c of rent etc.

(2.) I have heard Shri K. S. Chauhan, learned Counsel for the applicant and Shri Rajiv Gupta, learned Counsel for opposite party. It is admitted that no evidence has been led in the suit.

(3.) IN the impugned order, it has also been held that the papers sought to be filed by the applicant were not relevant. The matter relating to evidentiary value of the papers and their admissibility and relevance shall be considered by the Court below at the time of hearing. The papers cannot be rejected at this stage on the ground given by the trial Court. They shall be taken on record subject to any other objection.