SHARWAN KUMAR Vs. NAND KISHORE MALHOTRA AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India with a prayer for quashing impugned order, Annexure P1 passed by learned trial Court vide which application filed by Petitioner -Defendants for adducing additional evidence, was dismissed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. Brief facts relevant for the decision of the present revision petition are that, a suit for possession by way of partition of property in dispute was filed by Respondent No. 1 -Plaintiff against present Petitioner and Respondents No. 2 to 4 on the basis of will allegedly executed by his father in his favour. Both the parties are real brothers. Another Will has been set up by the present Petitioner. Suit was contested. Issues were framed. Evidence of both the parties were recorded. Case was fixed for arguments when the present application was filed, which was dismissed by learned trial Court vide impugned order, by observing as under:

(3.) IT has been contended by learned Counsel for the Petitioner that though documents sought to be adduced in additional evidence were in possession of the Petitioner -Defendant and however, they could not be produced earlier as the Petitioner -Defendant was under depression.