JANIA Vs. DHARMI SON OF BUDHU & OTHERS

JUDGEMENT

(1.) Present application is filed under Order XLI Rule 27 CPC for proving affidavits Annexure X-1 and Annexure X-2 in present RSA. It is pleaded that civil suit No.34-1 of 90/59-1 of 1992 was filed on 17.1.1990 by the wife of applicant which was dismissed by learned Civil Judge on 28.4.1994. It is pleaded that appeal was filed by Sham Piari wife of applicant and on dated 9.4.1996 appeal was withdrawn. It is pleaded that Gita Ram had given affidavit on 15.7.1994 and land in dispute was given by him in exchange to applicant. It is pleaded that documents Annexure X-1 and Annexure X-2 are material documents and prayer for acceptance of application sought.

(2.) Per contra response filed on behalf of non-applicants pleaded therein that applicant intends to fill-up lacuna in the present case at belated stage. It is pleaded that Sh. Gita Ram was not examined by the applicant during trial of the case in order to prove affidavits. It is pleaded that applicant was granted sufficient time to produce evidence by learned Trial Court and prayer for dismissal of application sought.

(3.) Court heard learned Advocates appearing on behalf of applicant and non-applicants at length and Court also perused the entire record carefully.