QAZI SHARAF AHMED Vs. DAU SINGH

JUDGEMENT

(1.) Instant revision petition has been filed against the order dated 17-10-1995 (17-11-1995) passed by learned Additional Civil Judge (Junior Division) No. 2, Jodhpur whereby he refused to take on record a certified copy of the judgment pronounced on 30-5-1980 in Civil Original Suit No. 131/79 and a certified copy of the judgment rendered by him on 16-1-1994 in Civil Original Suit No. 39/90.

(2.) Indisputably, aforementioned two suits were filed by the defendant-revisionist against tenants for eviction from two portions of the disputed house which is subject-matter of the present suit between the parties. It is true that in the aforesaid two suits the non-petitioner was not impleaded as party.

(3.) According to the learned trial Court since both the judgments were given in such suits which were instituted subsequent to the present suit, therefore, these judgments rendered by him are not receivable in evidence. It is further held by the learned trial Court that the provisions of Section 13(b) of the Indian Evidence Act are in the past tense, hence two aforesaid judgments arising out of aforementioned subsequent suits to the present suit are not receivable in evidence.