SHIVGOPAL BHODIWAL Vs. NATHURAM KUMAWAT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-plaintiff (for short, 'the plaintiff) against the order dated 30.4.2019 passed by the Trial Court, whereby the application filed by the respondent-defendant no.3 under Section 138 of the Evidence Act has been disposed of granting leave to the defendant no.1 to file the amended affidavit in consequence of his written statement.

(2.) Facts of the case are that the plaintiff filed a suit for specific performance of the agreement dated 28.8.2003 and permanent injunction against the defendants. The defendants no. 1 and 2 file the written statement. Defendant no.1 Nathu Ram filed his affidavit. In evidence, the defendant no.3 filed an application under Section 138 of the Evidence Act:

(3.) The Trial Court vide its order dated 30.4.2019 disposed of the said application in following terms :