(1.) The petitioner has approached this Court by way of filing the present revision petition under Art. 227 of the Constitution of India for setting aside order dated 13.12.2016 (Annexure P-1) to the extent "it is made clear that in case cost is not paid on the next date of hearing this application shall be deemed to have been dismissed" and consequently setting aside order dated 15.12.2016 (Annexure P-2) passed by Additional Civil Judge (Senior Division), Rewari, whereby, the application for additional evidence has been dismissed for non-payment of cost of Rs. 2000.00
(2.) Briefly the facts of the case as made out by the petitioner in the present revision petition are that the plaintiff is an insane person for the last about 17 years. There is a joint Haveli of the parties in Rewari in Mohalla Meharwara bearing House No. 491. When the defendant tried to dispossess the plaintiff from the disputed land then the suit for declaration was filed by the plaintiff through his next friend i.e., his son, namely, Punit Kumar as other family members were shunted out from the joint Haveli and they were residing in a rented accommodation in some other house. An application for leading additional evidence in the shape of medical record of the plaintiff was moved regarding his insanity, which was allowed by the trial Court vide order dated 13.12016 subject to payment of costs of Rs. 2000.00. It was mentioned in the said order that in case, the amount of costs was not paid on the next date of hearing i.e., 15.12016, the application shall be deemed to have been dismissed. The said amount of Rs. 2000.00 could not be arranged by the next friend of the plaintiff due to cash crunch in the nation due to demonetization and application for additional evidence was dismissed vide order dated 15.12016. The petitioner has approached this Court for setting aside the condition that in case, the amount of costs is not paid then the application shall be deemed to have been dismissed.
(3.) Learned counsel for the petitioner submits that only two days time was given to the next friend of the plaintiff and money could not be arranged on the next date of hearing because of shortage of cash in the Banks. Learned counsel further submits that the plaintiff through his next friend wanted to bring on record the medical evidence for proving his insanity. In case, the said condition is not set-aside, the plaintiff would suffer an irreparable loss and injury. The case is pending for rebuttal evidence. At the end, learned counsel for the petitioner submits that the application for additional evidence has been dismissed for non-payment of costs of Rs. 2000.00 whereas the medical evidence is necessary to be adduced. Learned counsel for the petitioner prays that the condition for payment of costs of Rs. 2000.00 and order of dismissal of application for non-payment of costs be set-aside.