NANDA Vs. KAMLESH AND ORS.

JUDGEMENT

(1.) IN the instant revision petition under Article 227 of the Constitution, Defendant No. 2 -Petitioner Nanda has prayed for setting aside the impugned order dated 31.10.2009 (P.2) whereby his evidence has been closed ; as well as order dated 18.11.2009 (P.3) passed by the learned trial Court dismissing the application of the Petitioner for leading additional evidence.

(2.) PLAINTIFF -Respondent Nos.1 to 4 filed a civil suit No. 206 dated 22.1.2004 for declaration to the effect that they are owners in possession of the suit land as described in the head note of the plaint to the extent of 1/32 equal shares and the sale deed executed on 31.8.1999 and registered on 7.9.1999 is null and void, inoperative without authority and not binding upon the rights of the Plaintiffs -Respondents; with a further consequential relief of permanent injunction restraining the Defendants from interfering into the peaceful possession of the Plaintiffs over the suit land on the basis of said registered sale deed. When the case was fixed for evidence of the Defendants, the learned trial Court vide order dated 31.10.2009 closed the evidence of Defendant No. 2 by its order and the case was adjourned to 9.11.2009 for rebuttal evidence, if any and arguments. Thereafter, Defendant No. 2 -Petitioner filed an application for leading additional evidence for examination of four witnesses besides praying for setting aside the order dated 31.10.2009. Notice of the application was issued to the opposite side but no reply was filed. After hearing both the sides, learned trial Court dismissed the application on the ground that the same has been filed just to prolong the case. Hence the present petition.

(3.) LEARNED Counsel submits that Bishambar Singh etc executed a General Power of Attorney in favour of the Petitioner and the same was registered before the Sub Registrar, Gannaur on 11.3.1996 and on the basis of that, the sale deed dated 7.9.1999 was registered in favour of Defendant No. 1 -Respondent No. 5 but now Plaintiff -Respondent No. 2 i.e Parveen son of Bishambar has instituted a criminal complaint against the Petitioner under Section 420 IPC etc.