NATHI LAL Vs. RAMAN LAL

JUDGEMENT

(1.) This civil miscellaneous appeal is directed against the order of the Additional District Judge, Bharatpur, dated October 18, 1975, whereby the decree of the trial court dismissing the suit was set aside and the case was remanded back to the trial court with the direction that the agreement dated September 29, 1960 produced by the plaintiffs witness Radhe Lal, be admitted in evidence and the case be decided afresh on merits after giving opportunity to the plaintiff to adduce evidence to prove that document and the defendants to rebut that evidence. The document dated September 29, 1960 is said to have been possessed by witness Radhe Lal. When the latter appeared in the witness -box, be wanted to produce that document. The trial court refused to admit that document on the following grounds, - -

(2.) It is in these circumstances, that one of the defendants, namely, Nathi Lal, has preferred this appeal under the provisions of Order 43 rule 1(a) of the Code of Civil Procedure

(3.) I have heard the learned counsel for the parties and minutely examined the record specially the document in dispute.