PARAMJEET SINGH, J. - (1.) INSTANT petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 18.05.2013 (Annexure P- 6) passed by Additional Civil Judge (Sr. Divn.), Budhlada, District Mansa whereby the application for leading additional evidence moved by petitioner- defendant no.5 has been dismissed.
(2.) BRIEF facts for disposal of the petition are that the respondent- plaintiff filed a suit for possession in respect of land measuring 19 kanals 3 marlas comprised in rect. and killa no.43//9 (5-2), 52//18 (7-8), 23/2(4-0), 24/1(2-2), 57//3/2 (0-11) situated at village Kashampur Chhina and land measuring 7 kanals 7 marlas compromised in rect. and killa nos.82//23 situated at Joean and land measuring 26 kanals 19 marlas compromised in rect. and killa nos.82//17 (7-19), 18(8-0), 19(8-0), 24/1(2-15), 150//37/1(0-5) situated at village Joean, Tehsil Budhlada, District Mansa. On pleadings of the parties, issues were framed and evidence of respondent no.1-plaintiff was closed. Thereafter, the case was fixed for evidence of petitioner-defendants. The petitioner-defendant no.5 could not conclude his entire evidence and ultimately his evidence was closed by court order dated 02.03.2013. Since the learned counsel for the petitioner had not disclosed to the petitioner that true copies of khasra girdawaries were to be produced in evidence, the same could not be produced. After closing his evidence by the trial Court, his counsel told the petitioner that the copies of khasra girdawaris are required to be produced in evidence for proper adjudication of the case. The petitioner moved an application for producing copies of khasra girdawaris w.e.f 1990-91 till today in respect of the suit land, but the said application has been dismissed vide impugned order (Annexure P-6). Hence, this petition.
(3.) I have heard learned counsel for the parties and perused the record.;