SANATAN DHARAM COLLEGE FOR WOMEN Vs. KIRPAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of Civil Judge (Junior Division), Jalandhar dated 24. 4. 1997, wherein the, learned Court dismissed the application filed by the plaintiff for leading additional evidence. In order to appreciate the controversy it may be necessary to refer to certain basic facts giving rise to the present revision.

(2.) THE petitioner herein had filed a suit for permanent injunction against the respondent No. 1 herein that he be restrained from interfering in the peaceful possession of the plaintiff over the suit property. The plaintiff in the plaint had claimed that it is an educational society for creating and running an institution for the women and Dharam Pal Dada is its Manager, who is duly authorised to institute the suit. The defendant-respondents were contesting the suit on merits as well as had taken up an objection that the plaintiff is not a legal entity and, therefore, cannot file the suit. However, the defendants had admitted in their written statement that there is a college in Jalandhar known as Sanatan Dharam College for women.

(3.) ON the other hand, the learned counsel for the respondents has stated that the application was moved at a belated stage and there was no reason for permitting such additional evidence because the plaintiff, if at all, was obliged to lead such evidence at an initial stage. Thus, he prayed that in view of the judgments of this Court in the cases 1980 (2) R. L. R. (P and H) 206 and 1996 (4) I. C. C. 857, the application has been rightly rejected by the learned trial Court and the order needs to be sustained by this Court.