ASHOK MEHTA Vs. MOHANDAI

JUDGEMENT

(1.) - C.M. No. 15874-CII of 2012 Civil Misc. application is allowed subject to all just exceptions. For the reasons stated in the application, name of respondent no.7 is ordered to be struck off from the array of parties. Office to carry out necessary correction in the memo of parties. CR No. 8103 of 2011

(2.) Brief facts of the case are that petitioner-plaintiff filed a suit for declaration and permanent injunction against Om Parkash, predecessor-in-interest of respondents on the basis of agreement to sell dated 25.09.1989. It is alleged in the plaint that a lease deed dated 24.09.1989 for 90 years was also executed by the defendants in favour of the petitioner-plaintiff. In addition to that General Power of Attorney was also executed on 25.09.1989.

(3.) While leading the petitioner-plaintiff's evidence, the documents i.e. the lease deed dated 24.09.1989 and the power of attorney dated 25.09.1989 were not traceable, however, certified copies of the same were brought before the learned trial Court in evidence of the plaintiff and the same were exhibited on record. However, during the pendency of the civil suit, those original documents have been found and the same were sought to be placed on record in order to avoid technical objections. For that purpose, an application for leading additional evidence by way of these two documents was filed. The same has been dismissed vide the impugned order. Hence, this revision petition.