ROZDAR KHAN Vs. ISAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two petitions bearing C.R.No. 6390 of 2005 (O&M) Rozdar Khan Vs. Isab Singh and others by which the petitioner has challenged the order dismissing his application for additional evidence (hereinafter referred to as the Ist petition) and C.R.No. 6389 of 2005 (O&M) Rozdar Khan Vs. Isab Singh and others, whereby the petitioner has challenged the order by which his application for leading additional evidence in rebuttal by way of producing sizra khasra and pedigree table has been declined (hereinafter referred to as the 2nd petition).

(2.) Both the petitions have been filed by the petitioner who has filed the suit for permanent injunction claiming title over the land in dispute on the basis of succession for Sheo Singh. The plaintiff has prayed for permanent injunction to restrain the defendants from interfering in his possession, whereas the case of the defendants is that they are collaterals of said Sheo Singh, who had died issueless.

(3.) The plaintiff, in order to prove that he is successor-in-interest of Sheo Singh produced pedigree table in his evidence. After evidence of both the parties was closed, the plaintiff filed an application to produce certified copy of complete pedigree table, but the said application was dismissed vide order dated 17.12.2005. Instead of challenging that order immediately thereafter, the plaintiff filed another application for producing the same document in rebuttal but that application too was dismissed, as a result there of, the aforesaid two petitions have been filed in this Court in which common request made by learned counsel for the petitioner is only for producing on record the certified copy of pedigree table allegedly a document of more than 30 years of age.