SANDEEP KUMAR Vs. MEDIA AGENCY AND OTHERS

JUDGEMENT

(1.) Sandeep Kumar-petitioner has filed this civil revision petition against respondents M/s Media Agency etc. under Article 227 of the Constitution of India for setting aside the impugned order dated 21.5.2014 (Annexure-P.6) passed by the Civil Judge (Junior Division), Ludhiana, whereby the application filed by the defendant for leading additional evidence has been dismissed.

(2.) Learned counsel for the petitioner at the time of arguments argued that he wants to produce witnesses in his additional evidence with regard to the Will and this evidence is necessary and the Court has wrongly dismissed his application for leading additional evidence vide the impugned order dated 21.5.2014.

(3.) A perusal of the record shows that M/s Media Agency and Som Nath-plaintiffs/respondents have filed a suit against Sandeep Kumar and general public-defendants by way of specific performance of agreement to sell dated 26.12.2003 executed by Baljinder Kumar (deceased) in favour of the plaintiffs. Sandeep Kumar-defendant is son of that Baljinder Kumar. A perusal of the impugned order passed by the learned Civil Judge (Junior Division), Ludhiana shows that there is no issue framed by the Court regarding the Will. It is also observed by the lower Court that the present suit is with regard to specific performance and there is no dispute with regard to the Will. Learned Civil Judge (Junior Division) also held that this evidence was in the knowledge of the applicant/defendant (now present petitioner) when he was producing his evidence and he could easily produce the same with due diligence at that time. It is also in the order that the applicant/present petitioner himself closed his evidence on 25.4.2014, but he himself has not examined Sunil Kumar Malhotra, marginal witness of the Will and official of Municipal Corporation, Ludhiana. Even at the time of arguments before this Court, the learned counsel for the petitioner failed to show that this evidence, which he wants to produce as additional evidence before the learned Civil Judge (Junior Division), Ludhiana, is in any way relevant for the determination of the rights between the parties substantially.