AVTAR SINGH Vs. VARINDER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 10.10.2012 by which application filed by the plaintiff to lead additional evidence at the stage of rebuttal and arguments has been declined.

(2.) COUNSEL for the petitioner has submitted that he has filed a suit for declaration that he is entitled to receive 1/4th share out of the total maturity value of MIS Nos. 146803, 146524, 147183 amounting to Rs. 1,00,000/ -, Rs. 1,02,000/ - and Rs. 98,000/ - respectively being the son of deceased Babu Singh @ Babu Ram Negha, who was holder of the MIS, along with proforma defendant no. 6 and also sought permanent injunction to restrain respondents no. 3 to 5 from encashing the amount of MIS more than their share. It is submitted that Babu Singh was married twice. Out of the first marriage, plaintiff and defendant no. 6 were born and out of the second marriage, defendants no. 3 to 5 were born. The plaintiff filed the suit on 03.02.2006, whereas the written statement was filed by the defendants on 14.03.2006. The plaintiff adduced his evidence taking about 5 -6 years as his evidence was closed on 14.01.2012, whereas the defendants closed their evidence in a short span of time on 02.08.2012. When the case was listed for rebuttal evidence and arguments, the plaintiff filed the present application on 09.10.2012 in order to produce on record certain certificates by way of additional evidence. The application was contested and, ultimately, the impugned order has been passed dismissing the application.

(3.) ON the other hand, counsel for the respondents has submitted that the application has rightly been dismissed by the Court below because nothing has been mentioned by the petitioner in the application for additional evidence as to what had stopped him in producing the documents in his evidence for which he had taken as much as 5 years as the written statement was filed by the defendants on 14.03.2006 and evidence of the plaintiff was closed on 14.01.2012.