MADHUSUDAN MANI TIWARY Vs. ISHWAR PRASAD JHUNJHUNWALA

JUDGEMENT

(1.) THIS civil revision application has been placed before me for its disposal at its admission stage itself after issuing notice to the sole opposite party by an order dated 19-12-1989. Accordingly the parties have addressed me for its final disposal.

(2.) THE tenant, for whose eviction the suit in question was filed by the opposite party, is the petitioner. By the impugned order passed in his appeal, filed against a decree of eviction, his prayer to take a document in secondary evidence has been rejected. THE suit was for eviction as well as arrears of rent in which the main defence of the petitioner was as is evident from the revision petition, the since October, 1983 he had already vacated the premises.

(3.) IT was in the appeal, the petitioner came up with a petition (a copy of which is Annexure-I to this civil revision application) to mark the said document as an exhibit as secondary evidence stating therein that the petitioner had made a request to the trial Court to mark the photostat copy of the said document as an exhibit but it was not done so--Nothing was explained about its relevancy on the issues involved in the suit/appeal.