PRAVEEN KUMAR Vs. NARANJAN SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 20.11.2010 passed by the learned Civil Judge (Jr.Division), Nahan, District Sirmaur whereby he dismissed the application filed by the petitioners (hereinafter referred to as the 'plaintiffs') for permitting them to lead rebuttal evidence.

(2.) BRIEFLY stated the facts of the case are that the plaintiffs filed a suit for injunction. The defendants not only contested the suit but also filed a counter claim in which it was averred that the predecessor of the plaintiffs had executed an agreement of sale in their favour and prayed that a decree for specific performance be passed in their favour.

(3.) A Division Bench of this Court as far back as in the year 1980 in Bish Ram and anr. Vs. Smt.Kalawati and ors. 1980 (9) ILR 49 held that when a party takes all reasonable care by engaging counsel and acts in good faith, it should not suffer for the mistaken advice given by the counsel.