- (1.) Defendants Harbans Kaur and others have filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 5.11.2011, Annexure P/5 passed by learned Additional Civil Judge (Senior Division), Kharar, thereby dismissing application Annexure P/3 moved by the defendants for additional evidence.
(2.) Respondents/plaintiffs Kiranjit Singh and Paramjit Singh have filed suit vide plaint Annexure P/1 for possession of suit land by specific performance of agreement to sell. It has, inter alia, been pleaded in paragraph 3 of the plaint that payments of amounts mentioned in paragraph 3 of the plaint were made to Ranjit Singh as agreed to in the agreement and as desired by the defendants by recital in the agreement.
(3.) Defendants/petitioners moved application for additional evidence after evidence of both the sides had been closed. Defendants alleged that Avtar Singh DW1 is attorney of defendants. It was put to him in cross-examination that defendants are healthy persons and therefore, they could themselves come to the court to appear as witnesses. In view thereof, the defendants want to examine Dr. HS Kalra as witness for proving ongoing treatment of defendant (not mentioned which of the defendants or all the defendants). It was also alleged in the application that in crossexamination of Avtar Singh, it was suggested that some amount had been paid to Ranjit Singh and therefore, Ranjit Singh is sought to be examined as witness.;