SUMAN KALBHOR Vs. CHANDRAKANT KALBHOR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, challenges the order dated 17.09.2013 (Annexure P/1).

(2.) THE Respondent / plaintiff filed a suit for restoration of possession and for permanent injunction. During the proceeding of the suit, additional examination of chief was being conducted on 16.08.2013. During the said examination in chief an order of Property Tax Officer dated 30.07.1971 was produced. The defendants / petitioners raised an objection that about payment of tax no pleadings are made in the plaint and in absence of pleadings, evidence in this regard cannot be permitted to be lead. The Court below decided this objection by the impugned order dated 17.09.2013. The Court below opined that plaintiff can be permitted to exhibit the said document. Assailing this finding, Shri A.V. Bhardwaj submits that any evidence beyond the pleadings is impermissible and Court below should have accepted the objection raised by the petitioners. He relied on certain judgments and submits that evidence beyond pleadings cannot be taken into account.

(3.) PRAYER is opposed by Shri S.M. Bhan, learned counsel for the respondent.