MANRAJ SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) RESPONDENT no.1, herein, filed Civil Suit No.118 of 23.08.2002 against the petitioners and respondents nos. 2,3 and 4 before the trial court for joint possession by way of specific performance of contract in respect of land measuring 29 kanals 11 marlas more fully described in the cause title of the plaint. In the alternative, respondent no.1 also sought recovery of Rs.4,00,000/ -. He also sought mandatory injunction seeking direction to the petitioners nos. 2 and 3 to join petitioner no.1 for execution of the sale deed on the basis of agreement of sale supra in respect of the suit land.

(2.) ISSUES were framed in this case. Both the parties led their evidence. When the case was fixed for arguments, petitioners nos. 2 and 3 moved an application for recall of PW5 Jassi Ahluwalia for further cross examination. Besides, they sought to examine Sh.S.S.Kang, Advocate to prove the original documents namely application dated 19.10.2001, affidavit dated 19.10.2001 and power of attorney dated 18.10.2001, which are now on the record of the trial court. It was averred that the case was conducted by Sh.Harjit Singh, Advocate to whom the aforementioned documents were given, but he could not produce those on the record.

(3.) AFTER hearing both the sides, the trial Court dismissed the application vide order dated 08.10.2013 (Annexure P3). Aggrieved against the same, the petitioners, herein, have come up with this revision petition with prayer for acceptance, thereof, and for acceptance of their application for leading additional evidence that has been dismissed by the trial Court vide impugned order.