SUNIL NAGPAL Vs. INDU

JUDGEMENT

(1.) By this revision petition, the petitioner (defendant in the suit in question), challenges the order of the learned Civil Judge (Junior Division), Faridabad, dated 21.11.2016, by which his application seeking to lead additional evidence, has been dismissed, such application having been moved at a stage when his evidence had been closed and even rebuttal evidence of the plaintiff had been closed by him (plaintiff).

(2.) The application was opposed by the respondent-plaintiff on the ground that it was very obvious that the defendants' own affidavit, by way of his examination-in-chief, not having been tendered, it was not due to any inadvertence but was intentional and deliberate and the application having been filed after a large number of opportunities were given to the applicantdefendant to lead his evidence, it could not be allowed.

(3.) The learned Civil Judge while dismissing the application found that the applicant-defendant (present petitioner) had closed his evidence on 07.10.2015, with the application for additional evidence filed on 28.09.2016, i.e. almost after one year, in fact, at a stage when the case was fixed for arguments.