JUDGEMENT
MEHINDER SINGH SULLAR ,J. -
(1.) CONCISELY , the facts & material, culminating in the
commencement, relevant for disposal of the instant petition and
emanating from the record are that, initially petitioner -plaintiff -Rakesh
Kumar son of Rajinder Pal(for brevity "the plaintiff") has instituted the
civil suit(Annexure P -1) for a decree of declaration with a consequential
relief of permanent injunction, restraining respondent -defendant Nutan
Bhatia wife of Sunil Bhatia(for short "the defendant") from alienating the
property in dispute to any other person, in any manner. Since, the
defendant did not appear, so, ex parte proceedings were ordered against
her by the trial Court.
(2.) HAVING closed the ex parte evidence, the plaintiff moved an application(Annexure P -3), for granting permission him to lead additional
evidence. The trial Court dismissed his application for additional
evidence, vide impugned order dated 29.11.2013.
Aggrieved thereby, the petitioner -plaintiff has preferred the present petition, invoking the superintendence jurisdiction of this Court
under Article 227 of the Constitution of India.
(3.) AS indicated here -in -above, since the defendant did not appear despite service, so, ex parte proceedings were ordered against her
by the trial Court. Therefore, in exercise of power conferred under
Article 227 of the Constitution of India, I hereby exempt the issuance of
notice to the respondent -defendant in the instant petition as well.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.