MOHAN Vs. SANDEEP JANU SO SHRI RAMNIWAS JANU

JUDGEMENT

(1.) Appellant has preferred this First Appeal aggrieved by Judgement and Decree dated 29.08.2018 passed by Additional District Judge No.2, Jhunjhunu whereby plaintiff-appellant's plaint for cancellation of sale-deed and permanent injunction was dismissed.

(2.) The only ground raised in the appeal is that the Court below dismissed the suit without affording opportunity of producing evidence and without complying with the provisions of CPC.

(3.) It is contended by the counsel for the appellant that if plaintiff does not produce evidence the course available for the Court is, to proceed under the provisions of Order IX CPC. It is contended that the Court instead of proceeding under Order IX of CPC erred in closing the evidence of plaintiff and dismissing the suit.