MOHAN LAL Vs. BIMLESH

JUDGEMENT

(1.) THE contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially petitioner -plaintiff -Mohan Lal son of Late Shri Karta Ram(for brevity "the plaintiff") has instituted the civil suit(Annexure P -1) against respondents -defendants -Smt.Bimlesh widow of Late Shri Krishan Chand and others(for short "the defendants"), for a decree of declaration to the effect that he is owner and in possession of 1/3rd share in the land in dispute and the civil court collusive decree dated 05.02.1987 alleged to have been executed by Smt.Mangti Devi in favour of defendant No.2, is illegal, void and not binding on his rights, in any manner. The defendants contested the claim of the plaintiff, filed the written statement(Annexure P -2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) DURING the pendency of the civil suit, the plaintiff moved an application(Annexure P -5) for permitting him to place on record certified copies of collusive decree dated 05.02.1987, written statement filed by the defendants in Civil Suit No.2CS dated 02.01.1987 and other documents by way of additional evidence. The defendants refuted the prayer of the plaintiff, filed the reply(Annexure P -7) and prayed for dismissal of the application.

(3.) THE trial Court dismissed the application of the plaintiff to lead additional evidence, by means of impugned order dated 04.03.2013 (Annexure P -8).