SUNITA RANI Vs. TILAK RAJ AND OTHERS

JUDGEMENT

(1.) Present revision petition filed under Article 227 of the Constitution of India, at the hands of plaintiff, is directed against the order dated 15.3.2017 (Annexure P-3), whereby learned trial court dismissed the application of the plaintiff-petitioner moved under Section 151 of the Code of Civil Procedure ('CPC' for short) for leading additional evidence in the form of some photographs along with newspaper of that date.

(2.) Heard learned counsel for the petitioner.

(3.) A bare perusal of the impugned order would show that each and every relevant factual as well as legal aspect of the matter was examined, considered and appreciated in the correct perspective by the learned trial court before passing the impugned order. It is a matter of record that issues were framed on 1.5.2013 Petitioner took a long period of about 2 1/2 years for leading her evidence. She closed her oral evidence by making a statement before the court on 2.1.2016 and thereafter, documentary evidence was also closed by making a separate statement on 6.2.2016. The alleged additional evidence which was sought to be produced by the petitioner-plaintiff by way of application for leading additional evidence was in her knowledge right from day one. Having said that, this Court feels no hesitation to conclude that the learned trial court was well within its jurisdiction to pass the impugned order and the same deserves to be upheld.