PARAMPREET SINGH Vs. GURINDERPAL SINGH GREWAL

JUDGEMENT

(1.) The plaintiff Parampreet Singh has instituted the instant revision petition under Article 227 of the Constitution of India, assailing the order dtd. 5/9/2018 (Annexure P-15), passed by the Court of Civil Judge (Junior Division), Khanna vide which the application filed by the petitioner-plaintiff for additional evidence and for secondary evidence to prove DDR No.27 dtd. 5/5/2003 was dismissed.

(2.) Shorn of unnecessary details, the petitioner-plaintiff instituted a suit praying for a declaration to the effect that the sale deed dtd. 6/5/2003 pertaining to land measuring 110 Kanals 15 1/2 Marlas (fully described in the plaint) (hereinafter referred to as 'the suit land'), situated at Village Beer Kishan Singh Wala, Tehsil Khanna, District Ludhiana, executed by defendant No.4 (Mohan Singh Grewal) in favour of defendants No.1 to 3 (Gurinderpal Singh Grewal, Harinderpal Singh Grewal and Smt. Paramjit Kaur) was illegal, null and void and was not binding upon the rights of the petitioner-plaintiff. A further declaration was sought that the mutation sanctioned on the basis of the said sale deed was illegal and that the mortgage of the suit land by defendants No.1 to 3 in favour of defendant No.5 was illegal and further that the encumbrances created were void. Permanent injunction restraining defendants No.1 to 3 from alienating the suit land in any manner was also sought. Further, injunction restraining defendants No.1 to 3 from dispossessing the plaintiff from the suit land was also sought.

(3.) A composite application under Sec. 151 of the Code of Civil Procedure (for short 'CPC') for leading additional evidence to produce certain documents and under Sec. 65 of the Indian Evidence Act, 1872 (for short 'the Evidence Act') (Annexure P-13) for leading secondary evidence to prove DDR No.27 dtd. 5/5/2023 was moved by the petitioner-plaintiff. The same was opposed by way of a reply (Annexure P-14). Vide impugned order dtd. 5/9/2018, the said application was dismissed, leading to the filing of the present revision petition.