This revision petition challenged the Trial Court's order rejecting an application to lead additional evidence in a suit for ownership by adverse possession. The High Court found the rejection justified due to delay and the attempt to circumvent the earlier closure of evidence. Consequently, the petition was dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.5000 of 2009 Decided on : 02.09.2009
Hari Singh
... Petitioner
versus
Smt. Anita Bhargav & another
...Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. R.D.Yadav, Advocate for the petitioner.
AJAY TEWARI, J. (ORAL)
This petition has been filed against the order dated 19.08.2009 passed by the Trial Court, rejecting the application for leading additional evidence. The plaintiff had filed suit claiming that he had become owner by adverse possession of specific property No.7433 to 7435 situated in Rewari. The petitioner led no evidence despite the grant of various opportunities and ultimately his evidence was closed by order dated 19.08.2009. That order was never challenged by the petitioner. Thereafter the respondents led their evidence. When the case was fixed for final stage the present application was moved stating that the number of properties was not 7433 to 7435 but was actually 7427 to 7429 and therefore the petitioner be permitted to summon the concerned official of the Municipal Committee to prove his case.
CR No.5000 of 2009
-2-
It is this application, which has been declined both on the grounds of delay as well as on the ground that this was merely a device to get over the earlier order of closure of evidence. I find no infirmity in the order of the Trial Court. Consequently, this revision petition is dismissed. No
costs.
September 2, 2009 sonia
( AJAY TEWARI) JUDGE
1 issue framed by the court
Whether the revision petition challenging the rejection of application for leading additional evidence should be allowed.
Hari Singh
Smt. Anita Bhargav & another
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
