JHUTHI DEVI Vs. RASOOL MOHAMMED

JUDGEMENT

(1.) This petition has been filed against the order dated 7th September, 2012 whereby the application of the respondent no.1 Rasool Mohammed under Order 18 Rule 3 CPC as non-objector before the executing court has been allowed and the trial court has denied the petitioner, as objector to lead rebuttal evidence in the course of execution proceedings.

(2.) The facts of the case are that Rasool Mohammed respondent-plaintiff (hereinafter 'the plaintiff') instituted a suit for eviction against one Babu Lal respondent No.2 herein and son of the petitioner (hereinafter 'the defendant') before the learned Additional Civil Judge (Jr. Division) No.1, Jaipur City, Jaipur which was dismissed on 6th April, 1998. The plaintiff Rasool Mohammed filed an appeal No.45/1998 against the judgment dated 6th April, 1998 before the learned District & Sessions Judge, Jaipur which was allowed vide order dated 24th November, 1998 and the suit for eviction was decreed in favour of the plaintiff. The order dated 24th November, 1998 passed in appeal has since not been modified, vacated or set aside, the same has attained finality. Consequently, the plaintiff took execution proceedings.

(3.) In the execution proceedings taken by the plaintiff one Jhuthi Devi, the mother of defendant, filed objections. The objections were opposed by the plaintiff. On the pleadings filed under execution proceedings, issues were framed. The objector (now the petitioner, Jhuthi Devi) led her evidence on the issues framed by the learned executing court. The objector and the plaintiff as the non-objector led their respective evidences. Thereafter, following the closure of the evidence of the parties in the execution proceedings, the objectors sought to bring in additional evidence by way of rebuttal. In opposition to the additional evidence sought to be brought in by the objectors through rebuttal evidence, the plaintiff filed an application under Order 18 Rule 3 CPC.