TILAK RAJ Vs. SUMITRA DEVI

JUDGEMENT

(1.) THIS is a revision petition against the order dated 1.12.1998 passed by the trial Court dismissing the application of the plaintiff for producing additional evidence in the form of secondary evidence.

(2.) TILAK Raj plaintiff filed a suit for declaration against his sister Sumitra Devi challenging the collusive decree dated 18.1.1985. Both sides produced evidence. The case was at the stage of rebuttal evidence and arguments when the plaintiff filed an application for additional evidence in the form of secondary evidence, alleging therein that the suit property was purchased by the plaintiff and Pala Ram (husband of Sumitra Devi defendant) vide sale deeds dated 1.7.1977 and 31.10.1977 and that the original sale deeds were in the possession of said Pala Ram husband of Sumitra Devi defendant and the same have not been produced by the defendant. It was alleged that the production of these sale deeds was relevant and material piece of evidence to decide the controversy between the parties. It was accordingly prayed that the plaintiff be allowed to produce additional evidence in the form of secondary evidence by producing the certified copies of the said sale deeds. The said application was contested by the defendant by filing a written reply.

(3.) I have heard the learned counsel for the parties and have also gone through the records carefully.