LAWS(P&H)-2013-9-120

SHISHA SINGH Vs. RAJ KAUR

Decided On September 04, 2013
SHISHA SINGH Appellant
V/S
Raj Kaur and Others Respondents

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 14.02.2012 (Annexure P/6) passed by the learned Additional Civil Judge (Senior Division), Assandh, whereby application of the petitioner under Order 18 Rule 3 read with Section 151 CPC for producing the evidence in rebuttal, has been dismissed. Brief facts relevant for disposal of the revision petition are that the petitioner and his brother late Sardul Singh filed a suit for declaration with consequential relief of permanent injunction and joint possession. During the pendency of the suit, application was filed under Order 18 Rule 3 read with Section 151 CPC for leading evidence in rebuttal. In rebuttal, the petitioner -petitioner wanted to bring on record the statement made by Sahab Singh in a civil suit No. 552 of 2007 titled "Amir Singh and others vs. Shisha Singh and others" and in another suit titled "Sardool Singh and others vs. Sahab Singh and others". The said application was opposed and consequently dismissed by the trial Court vide impugned order dated 14.02.2012 (Annexure P/6). Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) WHETHER suit of the plaintiffs is barred by limitation? OPD