SHASHI BALA Vs. KRISHAN KUMAR RAKHEJA AND OTHERS

JUDGEMENT

(1.) Shashi Bala-petitioner/plaintiff has filed this civil revision petition against Krishan Kumar Rakheja etc.-respondents/defendants under Article 227 of the Constitution of India praying for setting aside the impugned order dated 12.9.2014 passed by learned Civil Judge (Junior Division), Faridabad, illegally dismissing the application of the plaintiff/petitioner to place on record certified copy of the order and copy of application passed in Civil Suit No.112 of 2002 titled Krishan Kumar Rakheja v. Shashi Bala, as the learned trial Court has failed to consider that the said documents are part of Court record and per se admissible. I have heard learned counsel for the petitioner and have gone through the record.

(2.) From the record, I find that the petitioner/plaintiff filed the application for permission to tender certain documents in rebuttal evidence. The learned Civil Judge (Junior Division), Faridabad vide order dated 12.9.2014 dismissed this application by stating that the rebuttal evidence has already been closed by Court order on 29.8.2014 and thereafter, arguments have already been advanced by learned counsel for the plaintiff and learned counsel for defendant No.1 and the case was fixed for hearing arguments on behalf of defendant No.2 when this application has been moved.

(3.) From the order, it is clear that in the plaint it has been averred by the plaintiff that the suit of the plaintiff is within limitation as the plaintiff came to know about the alleged Will executed in favour of defendant No.1 by his father only when the plaintiff was supplied with documents of the said suit by the Court in May 2003.