GURDEEP SINGH Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THIS revision petition has been filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') as amended upto date challenging the order dated 8.5.2000 passed by the Civil Judge (Jr. Division), Jalandhar dismissing the application of the plaintiff -petitioner for production of additional evidence under Order XVIII Rule 17 -A of the Code.

(2.) BRIEF facts of the case which led to the filing of the present petition are that plaintiff -petitioner filed a suit for declaration to the effect that he is entitled to pension which has been illegally stopped by the defendant -respondents on the ground that he had been convicted in a criminal case. It is averred that he was not armed with a copy of the judgment passed in criminal case when he was adducing his evidence and he had filed an appeal in the High Court against the order of his conviction. The High Court modified the order converting the conviction into Section 304 of the Indian Penal Code, 1860. Even the judgment modifying the offence by the High Court was not traceable and, therefore, could not be produced. During the pendency of the suit, an application under order XVIII Rule 17 -A of the Code was filed to bring on record those two judgments. However, the application was dismissed by observing that the plaintiff -petitioner is not entitled to lead any additional evidence once he himself closed his evidence on 1.10.1999.

(3.) I have heard Mr. R.S. Bajaj, learned counsel for the plaintiff -petitioner and perused the impugned order. It would be appropriate to make a reference to the amended provisions of Section 115 of the Cede which have been given effect to with effect from 1.7.2002 and also Section 32(2)(i) which read as under: -