DEVI LAL Vs. GURJEET KAUR

JUDGEMENT

(1.) THIS revision petition under Section 115 C. P. C. has been filed by the petitioners - plaintiffs against the order dtd. 5. 5. 2000 passed by the learned Additional Civil Judge (Senior Division), Hanumangarh in Civil Suit No. 12/1998 by which the application filed by the plaintiff - petitioner for re- opening the evidence was rejected and affirmed the order dtd. 15. 10. 99 by which evidence of the petitioners - plaintiffs was closed.

(2.) IT may be stated that in this case, the plaintiffs - petitioners filed a suit for specific performance and in that suit, written statement was filed on behalf of the respondents - defendants on 17. 4. 1994 and issues were framed on 29. 7. 1995 and thereafter the case was lingering on for recording the evidence of the plaintiffs - petitioners and due to some reasons, the evidence was not produced by the plaintiffs - petitioners and the learned Trial Court through order dtd. 15. 10. 99 closed the evidence of the plaintiffs - petitioners. Thereafter the petitioners - plaintiffs submitted an application for re-opening of their evidence, but the learned Additional Civil Judge vide order dtd. 5. 5. 2000 rejected the application filed by the petitioners - plaintiffs and against the order dtd. 5. 5. 2000 and 15. 10. 99, the petitioners - plaintiffs have filed the present revision petition.

(3.) I may remind an age old well established principle that every court has inherent power to act exdebito justitiae to do real and substantial justice for which it exists. It has always been anxiety of the Court to decide an issue on merit instead of driving out a party from the court for one or the other technical reason.