JASKAUR SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THE respondent (Plaintiff) filed a suit to preempt the sale mate in favour of the petitioner (defendant) on the ground of being a co-sharer with the vendor. The suit was contested by the petitioner on which certain issues were framed After the plaintiff led evidence the defendant started leading evidence. On one of the dates of hearing the evidence of the defendant was not present and the trial court adjourned the bearing for 16. 8. 1990 to enable the defendant to produce his remaining evidence on payment of conditional costs of Rs. 200/ -. On 16. 8. 1990 the defendant neither paid costs nor led evidence and on the objection of the plaintiff the trial Court struck Off further defence of the defendant vide order passed on the same day.

(2.) THEREAFTER the defendant sought amendment of the written statement which was declined but that no longer is subject matter of controversy.

(3.) THEN the defendant filed an application for review, of the order dated 16 8. 1990: In the meantime, the Revenue Court is' alleged to have parsed an order of partition and preparation. of Nsksba-B on 1-10-1990 On the basis of this subsequent event the defendant filed an application under Order 18 Rule 17 of the Code of Civil Procedure (for short the Code') to seek permission to lead additional evidence for production of the order of partition and Naksha B.