PARMODH KUMAR Vs. TELU RAM

JUDGEMENT

(1.) The plaintiff-respondent filed a suit for recovery of Rs. 2,60,000/- against the petitioners-defendants Plaintiff as well as defendants closed their evidence and when the case was partly argued. defendants filed an application under Order 18, Rule 17-A of Civil Procedure Code for adducing additional evidence. It was stated in the application that inadvertently and due to oversight entries of Roznamcha and Rokar could not be produced in order to show a payment of Rs. 70,700/- to the plaintiff. The application was contested by the plaintiff and in reply it was stated that the alleged entries have been forged and prepared after the case was partly argued and in order to fill in lacuna.

(2.) The trial Court was of the view that the additional evidence now sought to be adduced was very much in the knowledge of the defendants and there is no explanation as to why these entries were not produced earlier. This, the application of the defendant was dismissed by the trial Court.

(3.) Defendants have impugned the order of the trial Court by preferring the present revision.