UMESH Vs. SMT.SOHANLATA

JUDGEMENT

(1.) The petitioner before this Court has filed present petition being aggrieved by order dated 29/06/2017 by which the application of the petitioner preferred under Section 65 of the Evidence Act has been rejected. The petitioner is defendant in civil suit which has been filed in the year 2011 before the trial Court.

(2.) The facts of the case reveal that the mother of petitioner No.1 has filed a civil suit against her son in respect of property in question stating the property exclusively belongs to her. The civil suit is pending since 2011 and the mother is aged about 72 years.

(3.) It has been stated that all type of attempt were made to delay the finalization of the suit and on 28/04/2015 a fine of Rs.250/- was imposed upon the petitioner and thereafter, on 21/07/2015 again a fine of Rs.500/- was imposed upon the petitioner. The petitioner though has filed an affidavit in support of evidence, however, did not keep witnesses present and last opportunity was granted to him on 01/08/2016 and an application was also preferred for impounding the document and the same was rejected on 09/09/2016.