JUDGEMENT
RAKESH KUMAR GARG, J. -
(1.) THIS is tenant's revision petition challenging the impugned judgment
dated 19.7.2011 of the Rent Controller, U.T., Chandigarh, whereby his
application for permitting him to lead additional evidence was rejected.
(2.) THE respondent-landlord filed an eviction petition against the petitioner on the ground of personal necessity. The petitioner contested
the same taking a specific stand that the landlord does not need the
property in dispute for his personal necessity and in fact he is getting
the premises vacated to sell the same.
It is not in dispute before this Court that after framing the issues, both the parties were granted ample opportunities to lead evidence and
after availing many opportunities, learned counsel appearing on behalf of
the petitioner-tenant closed his evidence. Even in the application for
leading additional evidence, the petitioner has not made out any ground
to allow him to lead additional evidence. The averments made in the
application are totally vague. It has been said that his evidence was
closed by his counsel without his knowledge and he wants to lead more
evidence in support of his case. Admittedly, the petitioner has not filed
any complaint etc. against his lawyer.
(3.) EVEN the details of the evidence sought to be led has not been mentioned in the application for leading
additional evidence. It could not be disputed that the case is at the fag
end and in fact fixed for arguments. No doubt the provisions of Code of
Civil Procedure are hand made for administration of justice, however, the
same also cannot be used to promote the abuse of process of law. No
justification has been shown to allow the petitioner to lead additional
evidence in the instant case.;
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