VIJAY KUMAR GARG Vs. NAVEEN GARG

JUDGEMENT

(1.) This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 23/1/2025 (Annexure P-12) passed by the Civil Judge (Jr.Div.), Faridabad, vide which the application filed by the respondent no.1-plaintiff no.1 under Sec. 151 CPC seeking permission to file additional affidavit in evidence of PW-1-respondent no.1-plaintiff no.1 has been allowed.

(2.) Learned counsel for the petitioner has submitted that the respondents no.1 to 4 had filed a suit for possession by way of partition with consequential relief of permanent injunction and the petitioner-defendant no.1 had filed a written statement and also a counter claim. It is submitted that the respondent no.1-Naveen Garg had given his affidavit in support of the suit and and the petitioner had carried out cross-examination of the said witness. It is further submitted that after the said cross-examination had been carried out, the respondent no.1-plaintiff no.1 had filed an application dtd. 4/12/2024 seeking permission to file additional affidavit, which application had been allowed by the trial Court illegally. It is submitted that the said application was meritless and should have been rejected and the impugned order dtd. 23/1/2025 is against law and deserves to be set aside as the same prejudices the rights of the petitioner.

(3.) This Court has heard the learned counsel for the petitioner and has perused the paper book and finds that the impugned order is in accordance with law and deserves to be upheld and the present petition being meritless, deserves to be dismissed for the reasons stated hereinafter.