SUSHIL SETHI AND OTHERS Vs. SUDESH SETHI

JUDGEMENT

(1.) This petition has been filed against the order of the learned Executing Court declining permission to the petitioners to lead additional evidence.

(2.) The respondent had filed a suit for possession of the property in dispute against the father of the petitioners on the ground that he had sold the property to him. This suit was decreed as far back as on 12.03.1986. Thereafter, the execution was filed in the year 1991. The objections were filed by the judgment-debtor through his next friend in which the plea was taken that he was of unsound mind and therefore could not have been sued. In support of the assertion of insanity a Doctor was examined. The judgment-debtor died in the year 2008 whereupon the petitioner and his other siblings were impleaded as legal representatives. They filed the instant application seeking permission to lead additional evidence in the form of yet another doctor on the ground that some prescriptions were discovered from the old record. It was further pleaded that even in the objections it was averred that the judgment-debtor had been of unsound mind since the year 1977 and therefore the additional evidence now proposed to be led could not prejudice the respondent. The learned Executing Court declined the application on the ground that the petitioners had not been able to satisfy the Court about why the said evidence could not be led at the relevant time.

(3.) Learned counsel for the petitioners has argued that the petitioners had no knowledge about the treatment of the judgment-debtor by the second Doctor and as soon as they came to know of the same the application was moved. In this regard he has relied upon the judgment in the matter of K.K. Velusamy v. N. Palanisamy, 2011 86 AllLR 457 wherein the Hon'ble Supreme Court in paragraph Nos.14, 15 and 16 held as follows:-