HARBANS SINGH Vs. KRISHNA WANTI

JUDGEMENT

(1.) THE petitioners against whom ejectment order has been passed by the Rent Controller moved two applications in the Appellate Court, one for consolidating their appeal with another appeal filed by Gian Singh and the other for permission to lead additional evidence. Both the applications were rejected by the impugned order which led to the filing of this revision.

(2.) NO grievance was made regarding the rejection of the prayer for consolidation of the two appeals. On the question of leading additional evidence it was prayed that the petitioners may also be allowed to move a fresh application as was ordered by the Supreme Court in Special Leave Petition filed by Gian Singh in the connected revision. However, the additional evidence sought to be adduced by Gian Singh was totally different in nature and as such the order passed by the Supreme Court would have no bearing on the present case. Here, the petitioners wanted to examine one Harbans Singh to prove the rent note alleged to have been executed on March 21, 1951. Apart from other reasons, one of the reason given for rejecting he application was that neither the original rent note nor its copy has been produced with the application. No such situation was available in Gian Singh's case. Obviously until the document or its certified copy is produced, the question of giving permission to lead additional evidence could not arise.