B.N. Sapru, J. - (1.) This is a tenants revision under Section 25 of the Provincial Small Cause Courts Act and is directed against an order of the Trial Court permitting the plaintiff to lead further evidence in rebuttal of the evidence given by the tenants.
(2.) In a suit for ejectment, the landlord pleaded that a notice of demand which had been sent by registered post, had been served by refusal on the part of the tenants. The tenants averred that no such notice was served on them. The plaintiff produced only one witness. Thereafter the defendants led evidence to show that on the date on which the notice was alleged to have been served, the addressee was elsewhere. The case was then listed for arguments. Before the arguments could be heard, the plaintiff made an application for permission to summon the overseer of the post offices to produce evidence obviously in rebuttal of the tenants' evidence about the service of the notice. Presumably, the evidence that being led, was to show the fact of the refusal of a registered letter by production of a witness which had not been done earlier. The application of the plaintiff was allowed by the Court on the ground that the plaintiff was justified in asking for an opportunity to lead evidence in rebuttal of the tenants' evidence.
(3.) This revision is directed against this order.;