SAT PAL Vs. MEWA SINGH

JUDGEMENT

(1.) THE contour of the facts & material, culminating in the commencement, relevant for disposal of the instant revision petition and emanating from the record, is that initially, petitioner -plaintiff Sat Pal son of Bir Singh(for brevity "the plaintiff") has instituted the civil suit for a decree of declaration and joint possession against Mewa Singh son of Ram Lal and others -respondents -defendants (for short "the defendants").

(2.) HAVING completed all the codal formalities, the evidence of the plaintiff was closed, by means of order dated 05.09.2007 by the trial Court. During the pendency of the case, the plaintiff has moved an application (Annexure P -1) for additional evidence to produce the copies of jamabandi, khatoni paymaish, mutations and report, inter alia, pleading that Sh.Y.K. Mangla, Advocate, who was earlier prosecuting the case, had expired. He never asked the plaintiff to bring the copies of pointed revenue record. The plaintiff is an illiterate, rustic villager and was not aware of legal process and technicalities of law. On the strength of aforesaid grounds, he sought to produce the indicated documents, by way of additional evidence.

(3.) AGGRIEVED thereby, the petitioner -plaintiff has preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.