BRIJ MOHAN Vs. SOHAN SINGH

JUDGEMENT

(1.) Plaintiff Brij Mohan has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 3.2.2010, Annexure P/1 passed by learned Civil Judge (Junior Division), Ludhiana thereby allowing application moved by Defendant-Respondent Sohan Singh for additional evidence.

(2.) Plaintiff-Petitioner has filed suit against Defendant-Respondent for specific performance of the agreement to sell dated 23.2.1998. The Defendant denied the execution of the agreement. At the stage of rebuttal evidence and final arguments in the suit, Defendant moved application for amendment of written statement to plead that he is not owner of the suit property and in fact Punjab Wakf Board is owner thereof. However, said amendment application was dismissed by learned trial court vide order dated 12.12.2009, Annexure P/2. Thereafter Defendant moved application for additional evidence to produce copy of jamabandi to depict that the suit property is owned by Punjab Wakf Board and not by the Defendant. The said application has been allowed by the trial court by impugned order Annexure P/1.

(3.) I have heard learned Counsel for the parties and perused the case file.