NIHALA Vs. IRSHAD

JUDGEMENT

(1.) C.M. No. 19804-CII of 2016

(2.) The petitioners are the legal representatives of defendant-Nihala, who expired on 19.6.2014 during pendency of the proceedings, who were brought on record vide order dated 10.10.2014.

(3.) Petitioners are aggrieved with the order passed while dismissing their application for leading additional evidence in order to place on record certified copies of Jamabandis, which were stated to be received by them just before filing of the application for additional evidence. As per case of the petitioners, said jamabandis were obtained by the plaintiff himself in the year 2004 and the same were placed on record in the earlier suit titled as Irshad vs. Sheru etc and the same were not in the knowledge of the petitioners earlier. The entries in favour of the defendant came into the notice of the petitioners just 15 days before filing of the suit i.e. on 9.2010. However, the application moved by the petitioners to adduce additional evidence by contending the same to be necessary for just decision of the case to reach at a right decision was dismissed by the learned Civil Judge, Mewat vide order dated 29.7.2016, which is the subject matter of challenge in the present petition.