BALKAR SINGH Vs. SIRMOUR SINGH

JUDGEMENT

(1.) By means of this petition the petitioner (hereinafter referred to as the plaintiff) has challenged the order dated 5.5.2010 whereby the learned trial court has rejected the application filed by the plaintiff under Section 151 CPC for permission to lead further evidence.

(2.) The undisputed facts are that the plaintiff filed a suit, the plaint of which was signed and verified on 30.9.2008. This suit was contested by the defendant and admittedly evidence has been led by both the parties and the suit was fixed for hearing. At this stage the plaintiff filed an application that the defendant while appearing in the witness box had denied the receipt of certain notices issued to him by the Municipal Corporation whereby the Municipal Corporation ordered the stoppage of illegal construction by the defendant and had allegedly been restrained from raising any further construction.

(3.) The plaintiff's case is that this notice and order was passed on the complaint of the plaintiff himself. Therefore, the plaintiff should have been aware of these documents and should have filed the same and made some reference to these documents at the stage of filing of the suit. In the application filed there is no explanation reference whatsoever why these documents were not filed with the plaint or not produced at the time when the plaintiff led evidence. Therefore, the learned trial Court was justified in rejecting the application.