NARANJAN SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity, "the Code") prays for quashing the order dated 7.3.2003 passed by the learned Trial Court restraining the plaintiff- petitioner from adducing additional evidence at the stage of rebuttal and arguments. The aforementioned application was filed by the defendant- respondents.

(2.) BRIEF facts of the case are that the plaintiff-petitioner filed a suit for permanent injunction for restraining the defendant-respondents from interfering in any manner in his actual physical possession in respect of suit land or to dispossess him forcibly therefrom, except in due process of law. The suit was contested and the defendant-respondents set up a counter claim staking claim for possession of two biswas of land. After conclusion of evidence by both the parties, an application by defendant-respondents was filed for not permitting the plaintiff-petitioner to examine Sh. Gopal Krishan Sharma, Document Expert, in rebuttal. That application has been allowed on the basic premises that no affirmative evidence in rebuttal would be permissible. The operation part of the order passed by the Trial Court is as under :-

(3.) NONE has put in appearance on behalf of the respondents to controvert the arguments raised by Mr. Ashok Singla, Advocate. The matter cannot be adjourned as the revision petition is pending since 2003. On 8.5.2003 this Court has allowed the trial court to hear the arguments but passing of the final order has been stayed. Moreover, a perusal of the record shows that the petition was admitted on 18.7.2005 for final disposal on 19.10.2005. The matter has been listed for 7.12.2005 and 11.1.2006. Therefore, it is not possible to adjourn the matter any further.