CHUNNILAL Vs. SHANTA DEVI

JUDGEMENT

(1.) Since a common question of law arises in all the above revisions and therefore, they were heard together and are being disposed of by a common order.

(2.) FACTS OF THE CASE [REVISION NO. 160/1999] : The defendant petitioner has filed this revision against the order dated 30-1-1999 passed by the learned Additional Civil Judge (Senior Division ) No. 2, Udaipur in Civil Original Suit No. 72 of 1997 whereby the application filed by the defendant petitioner under Or. XIII, R. 2, CPC for production of evidence after he has failed to produce documentary evidence under Or. XIII, R. 1, C.P.C. within the time allowed by the Court has been rejected.

(3.) This Court vide its order dated 19-2-1999 ordered for the issuance of show cause notices to the non-petitioners as to why the instant revision be not finally disposed of at the admission stage. After service of notices, the revision petition was heard by the learned single Judge on 8-4-1999. The learned single Judge vide his order dated 8-4-1999 came to the conclusion that there is a conflict of opinion between the recent decision rendered by this Court in I.B.P. Company Ltd. v. Smt. Chandrabai. and two earlier Division Bench decisions of this Court in Chouth Mal v. Fazal Hussain (1991) 1 Raj LW 9 and Bharosilal v. Mool Chand (1991) 2 Raj LW 292 regarding maintainability of the revision petition in respect of an order refusing to entertain evidence under O. XIII, R. 2, C.P.C. and, therefore, he referred the case to be decided by a larger bench on the following points :