RAJENDRA MOHANLAL RATHI Vs. SHYAMABAI

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above writ petition filed under Articles 226 and 227 of Constitution of India, takes exception to the order dated 02.03.2011, by which the application Exh. 190 filed by the petitioner for being allowed to examine a witness came to be rejected. The petition also takes exception the order dated 29.03.2011 by which the review application filed by the petitioner against the said order dated 02.03.2011 came to be rejected. The petitioner is the original defendant in Regular Civil Suit No. 123/2005 which has been filed by the respondent herein for eviction and possession against the petitioner, who is a tenant in the suit property. The ground for eviction and possession is that the respondent bonafide requires the same.

(3.) In the said suit, the petitioner filed his written statement on 27.01.2006. The issues thereafter have been framed and the evidence of the respondent/plaintiff and some of the witnesses of the petitioner/defendant is also over. The petitioner filed an application, Exh. 190 for issuing witness summons to the Stamp Vendor namely, Shri M.C. Sahastrabuddhe from whom the petitioner and the respondent no.1 had purchased the stamp paper on which the agreement was executed between the petitioner and the respondent no.1 i.e. exhibit 145. In the said application the reason why the petitioner wanted to examine the said witness was also mentioned.