SHARWAN LAL KUMAWAT Vs. RAMJI LAL JAKHOTIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 04.02.2014 passed by the Civil Judge (Jr. Div.) & Judicial Magistrate, Sambhar Lake, District Jaipur whereby the learned Magistrate has rejected an application filed by the petitioner under Section 151 CPC for reopening his evidence.

(2.) THE brief facts of the case are that the petitioner had filed a suit for permanent injunction against the respondents No. 1 and 2. According to him, the respondents No. 1 and 2 had let out a shop to the petitioner, situated in Kishangarh Rainwal. Initially, the shop was rented out in 1981 for a rental value of Rs. 600/ - per month. According to the petitioner, he has already paid Rs. 14,200/ - towards 'Pagari'. It was agreed between the parties that when the shop would be vacated, the said amount of Rs. 14,200/ - would be refunded. According to the petitioner, he continuously paid the rental amount till February, 2005. However, after February, 2005, the respondents refused to accept the amount. Therefore, the rental amount was sent for next two months through Money Order which has not been returned. But, according to the petitioner, the respondents are trying to evict him from the suit shop through illegal means. Hence, the petitioner filed the suit.

(3.) MR . V.S. Chauhan, the learned counsel for the petitioner, has pleaded that the court should have been more patient and should have granted the petitioner right to examine a person who was already named in the list of witnesses and whose affidavit had already been filed. However, in hot haste the learned Magistrate has denied the right to produce his evidence. Therefore, a grave injustice has been committed with the petitioner.