MADANLAL Vs. SHYAMLAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed against the judgment and order dated 27-2-2001 passed by the High Court of Rajasthan at Jodhpur in S.B. Civil Revision No. 216 of 2001.

(3.) The facts of the case are that - respondent filed at civil suit for specific performance of agreement to sell, dated 1-8-1992, of agricultural land and residential plot for a consideration of Rs. 1,50,000/-. Appellant submitted written statement on 18-1-1996 and denied that he has executed any such agreement to sell in favour of the respondent and that respondent has misused his signatures taken on the blank stamp paper. After the evidence of witnesses of the respondent was recorded, appellant filed applications under Order 13, Rule 2 of CPC for production of copy of the award passed by the Land Acquisition Officer regarding the acquisition of one bigha of agricultural land in dispute, electricity bill of his house and copy of the registered sale deed executed by the petitioner on 9-2-1987 is favour of one Nathu Ram pertaining to 900 sq. yds. of land which is also part of the suit property. Those applications filed by the appellant were rejected by the trial Court vide its judgment and order dated 11-1-2001 on the ground that plaintiff has closed his evidence and that defendant has neither submitted his own affidavit nor has made out a good cause for late production of the said documents. That order was challenged before the High Court of Rajasthan by filing Revision Petition, which was rejected by impugned judgment and order dated 27-2-2001 by holding that there was no reference of the said documents in the written statement and no good cause was shown for its non production at the relevant time. The High Court also arrived at the conclusion that the trial Court has not committed any irregularity or error relating to jurisdiction in refusing to take the documents on record. Hence, revision was dismissed.