TARSEM LAL SINGLA Vs. LABH SINGH AND OTHERS

JUDGEMENT

(1.) Tarsem Lal Singla (since deceased and represented by legal representatives) appellant no. 1 before the lower appellate court has filed this revision petition under Article 227 of the Constitution of India, impugning order dated 21.03.2006 passed by the lower appellate court, thereby dismissing application filed by the petitioner and proforma respondents no. 35 to 46 (appellants before the lower appellate court) for additional evidence in first appeal.

(2.) Suit filed by the petitioner and proforma respondents no. 35 to 46 against respondents no. 1 to 34 as defendants (including prodorma defendants no. 16 to 34) was dismissed by the trial court, vide judgment and decree dated 05.08.2004. Plaintiffs have filed first appeal against the said judgment and decree of the trial court. During pendency of first appeal, plaintiffs filed application for additional evidence to produce certified copy of application dated 31.07.1951, filed in Civil Suit No. 113 of 15.11.1950 by Milkhi Ram father of the petitioner, to prove legal heirs of Ram Chand, along with orders dated 01.08.1951 and 10.08.1951 passed on the said application.

(3.) The dispute relates to date of death of Ram Chand because contesting defendants have alleged that they had got the mortgage redeemed by paying mortgage money to Ram Chand, vide receipt dated 13.06.1954, whereas according to the plaintiffs, Ram Chand had died on 26.07.1951, and therefore, the alleged receipt set up by contesting defendants, is said to be forged one. Contesting respondents, by filing reply, opposed the application and pleaded that there is no ground for permitting additional evidence in first appeal. It was also alleged that proposed additional evidence is not relevant.