SARVESH KUMAR Vs. COCOON OVERSEAS INDIA LTD

JUDGEMENT

(1.) Through present revision petition, the petitioner/plaintiff assails the correctness of order passed by Civil Judge, Junior Division on 17/9/2022 while reviewing the order dtd. 25/8/2022.

(2.) The petitioner/plaintiff is owner of the disputed property, whereas, the defendant is a former tenant. The plaintiff claims that pursuant to a settlement, the defendant vacated the premises and in lieu of arrears of rent, the defendant gave him his machinery. Now, the plaintiff has filed suit for grant of decree of permanent injunction restraining the defendant from interfering in his possession with regard to machinery. The trial Court culled out the following issues:-

(3.) The plaintiff led his evidence. Thereafter, the defendant led his evidence. When the case was fixed for rebuttal evidence, defendant was permitted to examine handwriting and fingerprint expert to prove the receipt dtd. 14/7/2009, allegedly, executed by defendant. Subsequently, defendant filed an application for review, which was allowed on the ground that the plaintiff did not reserve his right to lead rebuttal evidence.