AJAIB SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Defendant Ajaib Singh, aggrieved by order dated 20.07.2013 (Annexure P-1) passed by the trial court, thereby allowing application Annexure P-2 filed by respondents/ plaintiffs for additional evidence, has filed this revision petition under Article 227 of the Constitution of India to assail the said order.

(2.) Plaintiffs have filed suit for specific performance of agreement to sell dated 02.05.2005 and also for other reliefs. The plaintiffs alleged in their application Annexure P-2 that two cheques bearing nos. 0100247 and 0100891 - both dated 02.05.2006 were referred to in the affidavit examination-in-chief of Rakesh Kumar - plaintiff no. 1, but inadvertently the same were not placed on record. Accordingly, permission was sought to place the same on record by additional evidence. The said application has been allowed by trial court vide impugned order (Annexure P-1), subject to payment of L 500/- as costs. Feeling aggrieved, defendant has filed this revision petition.

(3.) I have heard counsel for the petitioner and perused the case file.