RANJIT SINGH Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) By this petition the petitioner challenges the order of the learned trial Court dtd. 15/10/2018 (Annexure P-8), by which the application of the petitioner, (defendant in the suit before the trial Court), seeking that the said Court 'withdraw its order dtd. 13/2/2015 ', has been dismissed.

(2.) As already noticed in the last order passed by this Court, by which notice of motion was issued, learned counsel for the petitioner submits that as a matter of fact what is recorded by the learned trial Court to the effect that the petitioner-defendant has stated in his reply that he was not in possession of the documents dtd. 3/9/2009 and 29/9/2011, is factually incorrect, because in his reply to the application filed by the respondent plaintiff at that stage (copy of the reply being Annexure P-5 with the present petition and the copy of the application under Order 11 Rules 14 and 15 CPC being Annexure P-4), he had nowhere stated that he did not have the copies of the said documents.

(3.) A perusal of Annexure P-5 shows that indeed he had not stated that he did not have the copies of the documents, but had stated as follows in the preliminary objections:-