SAURAV JAIN Vs. MOHAN LAL

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India impugning the order dtd. 3/2/2021 (Annexure P-6) vide which the application for leading additional evidence filed by the plaintiff-petitioner has been dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiffpetitioner filed a suit for possession of property constructed on plot no.430 having an area of 100 sq. yards comprised in khasra no.697/358, khata no.632/657, by way of a specific performance of agreement dtd. 16/9/2015. It was averred in para 2 of the plaint that the plaintiff-petitioner has always been ready and willing to perform his part of the agreement. The defendant-respondent denied the agreement to sell in toto being a forged and fabricated document. In the alternative, it was pleaded that even if the agreement to sell is proved there was no readiness and willingness on the part of the plaintiff-petitioner. On 8/1/2018 the issues were framed and issue no.1 was specifically "Whether plaintiff is entitled for the relief of possession by way of specific performance of agreement to sell dtd. 16/9/2015? OPP". The evidence of the plaintiff-petitioner started on 21/2/2018 and was closed vide order dtd. 22/4/2019 after availing 14 opportunities. The evidence of the defendant-respondent commenced on 24/5/2019 and was closed on 21/1/2020. Thereafter, arguments were heard on 28/1/2020, 3/2/2020, 4/2/2020 and 5/2/2020. On 5/2/2020, an application for leading additional evidence was filed wherein it was averred that additional evidence was warranted by law and equity and that the plaintiff-petitioner be allowed to produce the following as the additional evidence :

(3.) A reply was filed to the said application. Vide the impugned order dtd. 3/2/2021, the application for leading additional evidence was dismissed. Hence, the present revision petition.