SUKHBIR SINGH AND ANOTHER Vs. GOPAL AND OTHERS

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 18.04.2013 passed by learned Civil Judge (Junior Division), Jhajjar, whereby the application moved by the petitioners/defendants for leading additional evidence, has been dismissed.

(2.) Briefly stated, the facts of the present case are that respondents No.1 and 2 filed a suit for possession by way of partition against the petitioners and proforma respondents No.3 to 19. Earlier the plaintiffs filed suit without impleading the petitioners as defendants. Thereafter, being an affected party, petitioners moved an application for impleadment as defendants in the suit. The application was allowed and the petitioners were impleaded as defendants No.17 and 18. Petitioners filed written statement. Issues were framed and the parties inter se in the suit led their evidence and same was closed. Thereafter, petitioners moved an application for leading additional evidence to place on record the farad jamabandi for the year 1999-2000 of khewat No.1167, khewat No.604 and khewat No.1287 to prove that the share in the land in dispute claimed by the plaintiffs has already been sold by their family members.

(3.) Notice of the application was issued. Plaintiffs filed reply to the application. Learned trial court, after considering the pleadings of the parties, dismissed the application moved by the petitioners vide impugned order. Hence this revision petition.