SHRI ROSHAN LAL Vs. SHRI RAM SHRUP

JUDGEMENT

(1.) The petitioners, who are defendants before the learned trial court in a suit for grant of a decree of declaration along with the consequential relief of perpetual prohibitory injunction and in the alternative for possession, filed against them by the respondent as plaintiff, are aggrieved by the impugned order dated 14.1.2013, whereby their prayer for adducing in evidence certain revenue records, which are copies of Jamabandis for the years 1968-69 and 1973-74 and Nakal Rapat Rojnamcha of the year 1966-67, made under Sec. 151 of the Code of Civil Procedure , 1908 (in short, 'CPC), has been declined.

(2.) The prayer of the defendants for bringing on record the aforesaid documents was opposed on behalf of the plaintiff on the grounds that the provision of law under which the same were sought to be adduced in additional evidence was mentioned wrongly and the documents, which were stated to be already on record, were in fact obtained by the defendants subsequently after they closed their evidence on 6.12.2012.

(3.) I have heard the learned counsel for the parties and gone through the available records.