ARJUN LAL Vs. PAPPU LAL

JUDGEMENT

(1.) Under challenge is the order dated 19.11.2012 by which the trial court has dismissed the petitioner-plaintiff's application (hereinafter 'plaintiff') under Order 18 Rule 17 CPC filed in his suit inter alia for cancellation of the sale-deed dated 16.03.2004 executed purportedly on his behalf by registered power attorney holder subsequent to the cancellation thereof, as per the plaintiff's case on 09.03.2004. Also challenged inter alia and by an amendment to the plaint in the suit is the subsequent registered sale deeds dated 18.11.2006 qua the suit property in favour of the defendant No.4 during the pendency of his suit.

(2.) The trial court has dismissed the application under Order 18 Rule 17 CPC on the ground that the plaintiff had the opportunity to exhibit the documents on its record at the time of his evidence but failed to so do which lacunae could not be rectified by resort to the provision in issue.

(3.) Heard. Considered.