RAMESH CHAND Vs. SHRIRAM SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By way of this revision petition, the petitioner who is plaintiff in the suit challenged the impugned order dated 21-8-1997 passed by learned ADJ No. 1 in Civil Suit No. 60/89 whereby the petitioners' application under Order 16, Rules6 and 7, CPC was rejected. The matter was at the stage of recording parties' evidence before the trial Court.

(3.) The contention of the Mr. P.C. Jain, learnedcounsel for the petitioners is that there wasa dispute with regard to execution of the partnership between the parties. The petitioners in support of their case wanted to place reliance upon somedocuments i.e. partnership deed by getting it summoned from the Rajasthan Financial Corporation, Jaipur for short the RFC" through PW 4 Shri M. M. Agarwal who happened to be an officer of the RFC. The said document was declined by the trial Court to be taken on record notwithstanding the saidwitness being present before the Court on the date when the evidence was to be recorded. Consequently, the application moved by the petitioners for permission to adduce the evidenceof the said witness was rejected by the trialCourt. Hence, the petitioners evidence was closedand the petitioners were deprived of fair opportunity of getting the document i.e. partnership deed brought on record through PW 4 as aforesaid.