KRISHAN KANT ALIAS MINU Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision No. 1722 of 1989 as both these petitions arise out of one suit pending in the trial Court.

(2.) PLAINTIFF tiled a suit for specific performance of agreement of sale dated 18. 03. 1986. An application under Order 18, Rule 17-A or the Code of Civil Procedure for additional evidence was filed by the plaintiff for producing Dewan K. S. Puri, and Satwant Puri Thumb and Finger Prints Experts for getting compared from them the disputed signatures on agreement Exhibit P. 1 and on the written statement and Vakalatnama already on the file. The said application was resisted on behalf of the plaintiff and the trial Court vide its order dated 3. 10. 1988 dismissed the same, primarily on the ground that in case additional evidence in such cases is allowed than there will be likelihood of prejudice to the other parties and that the case has already become very old.

(3.) MEANWHILE the defendants led their evidence on Issue No. 9 and the plaintiff in rebuttal thereof took an opportunity to produce the said evidence which they wanted to produce by way of additional evidence. But that request was declined by the trial Court vide its order dated 22-5-1989 against which Civil Revision No. 1722 of 1988 has been filed. The said order has been passed primarily on the grounds that the case is already more than two years old and the plaintiff has already been afforded ample opportunities to conclude his evidence.