SWARAN SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the order passed by the learned Civil Judge (Junior Division), Sirsa dated 12.9.1998. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioner under Order 18, Rule 17-A, Code of Civil Procedure.

(2.) The relevant facts are that the respondent-plaintiff had filed a civil suit for declaration that he is the owner in possession of the land in question. The petitioner was stated to be having nothing to do with the said land and that he had never exchanged with any land of the petitioner. The alleged exchange and the mutation sanctioned was stated to be incorrect and not binding on the respondents. The said suit was contested by the petitioner who filed the written statement. The evidence of the respondent-plaintiff was closed on 17.12.1997. Thereafter, the petitioner also produced and closed the evidence on 24.3.1998. On 31.3.1998 the respondent filed an application for production of evidence in rebuttal with the averments that onus of certain issues was on the respondents. The said application was dismissed by the trial Court but in revision the said order was set aside. The evidence in rebuttal was recorded.

(3.) The petitioner submitted an application under Order 18 Rule 17-A, Code of Civil Procedure for additional evidence to produce the evidence of Patwari Halqa in order to produce and prove the Rapat Roznamcha. It was asserted that this evidence was necessary to rebut the evidence of the respondents-plaintiff.