JIT SINGH Vs. NISHAN SINGH AND OTHERS

JUDGEMENT

(1.) Contesting defendant no.1 Jit Singh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 01.10.2012 passed by the trial court, thereby dismissing application Annexure P-2 moved by the petitioner for additional evidence.

(2.) It is alleged in the application Annexure P-2 that the petitioner had earlier summoned Clerk from the office of Sub Registrar with relevant record by depositing his diet money vide application Annexure P-1 and even the Sub Registrar himself came present with the record 2-3 times, but his evidence was not recorded, for reasons known to the previous counsel for the petitioner. It is alleged that production of the aforesaid record relating to Will, mortgage deed and General Power of Attorney (all registered documents) is very essential. It was also alleged that previous counsel for the petitioner did not even disclose that evidence of the petitioner had earlier been closed by court order. When the new counsel took charge of the case, then he learnt that the aforesaid witness has not been examined, although his examination is very necessary.

(3.) Respondents no.1 to 4/plaintiffs, by filing reply, opposed the aforesaid application. Learned trial court, vide impugned order, has dismissed the application of petitioner for additional evidence. Feeling aggrieved, petitioner has filed this revision petition.