KULDIP KRISHAN AND ORS Vs. ARJUN KALIA

JUDGEMENT

(1.) The plaintiffs are the petitioners, who aggrieved by the impugned order dated 4.1.2019 passed by the learned trial court, whereby their applications under Order 40 Rule 1 Civil Procedure Code and under Sec. 45 of the Indian Evidence Act were dismissed and their right to lead rebuttal evidence came to be closed, have filed the instant revision petition.

(2.) It is not in dispute that the suit in which these applications were filed was instituted more than one decade back in the year 2007. Even the evidence of the parties stood concluded on 12.6.2014 and the matter was thereafter fixed for recording the rebuttal evidence of the petitioners, for which purpose, opportunities were granted vide orders dated 31.7.2014, 23.8.2014, 3.11.2014, and 31.12.2014 when the matter was ordered to be listed for 13.2.2015.

(3.) It is on the said date that the petitioners filed aforesaid two applications of which notice was issued to the opposite party by the learned trail court vide its order dated 13.2.2015. Therefore, more than a dozen opportunities were granted to the parties, more particularly, to the petitioners, to address arguments and it was eventually after nearly four years that both these applications came to be dismissed vide impugned order dated 4.1.2019.