BISHAN DASS Vs. NAROTTAM SHARMA

JUDGEMENT

(1.) IN the application filed under Order 8 Rule 3-A read with Section 151 of the Code of Civil Procedure, the petitioner wanted to place on record of the trial Court the documents mentioned therein but the learned Rent Controller (trial Court) as well as the learned Appellate Authority, both have declined to grant the said relief in favour of the petitioner.

(2.) AFTER hearing the learned counsel for the parties, I allow this petition and by quashing the aforesaid impugned orders passed by the learned Rent Controller as well as the learned Appellate Authority (District Judge, Hamirpur), I allow the aforesaid application of the petitioner filed under Order 8 Rule 3-A read with Section 151 of the Code of Civil Procedure and direct that, subject to the petitioner paying Rs.5,000/- as costs within four weeks from today to the opposite parties, the certified copies of the documents mentioned in the aforesaid application of the petitioner shall be permitted to be produced in the trial Court at the time the petitioner appears as his own witness. He actually may tender these documents during the course of his examination-in-chief and would thus also be liable for being cross-examined with respect to such documents if the respondents herein so desire.

(3.) I am surprised in this case to find out that the learned Rent Controller has given undue latitude to the petitioner with respect to the leading and the completion of his evidence. It was on 11th September, 2001 that the petitioner was given the first opportunity to lead the evidence. I am told that till date not one witness has been produced by the petitioner herein. I direct that the learned Rent Controller shall ensure that the production and recording of the entire evidence of the petitioner herein is completed in the year 2006 itself. The petition is disposed of.