RAMJI LAL Vs. RAKESH

JUDGEMENT

(1.) In this revision petition, Ramji Lai, petitioner herein, has impugned the order dated 13.8.1997 passed by the learned Civil Judge (Junior Division), Charkhi Dadri.

(2.) Counsel for the petitioner has contended that the learned trial Court has fallen in error in not allowing the application for additional evidence filed by the plaintiff-petitioner.

(3.) The necessary facts for determination of the question involved in the present revision are that the plaintiff-petitioner had filed a suit for declaration to the effect that decree dated 22.1.1991 passed in favour of the defendant No.2 and Intkal No. 513 dated 11.3.1991 is null and void and not sustainable in the eyes of law. The suit was instituted in the year 1991. The suit was contested by the defendants, who claimed to be the owners in possession of the property in dispute. During the pendency of the suit, an application for additional evidence was filed by the plaintiff-petitioner in the year 1997, which was dismissed vide impugned order dated 13.8.1997.