- (1.) THE petitioner is aggrieved of the order dated 5.4.2012 (Annexure P -1) passed by the learned Civil Judge(Senior Division), Jhajjar vide which the application for leading additional evidence was dismissed.
(2.) LEARNED counsel for the petitioner states that he does not wish to press any claim as far as Annexure P -1 is concerned, but confines his prayer to the leading of evidence in rebuttal which has been declined vide Annexure P -3. The petitioner had filed a suit for recovery against the present respondents where the following issues were framed : - ''1. Whether the defendant executed mortgage deed No.3244 dated 27.12.2001, in favour of the plaintiff in respect of land mentioned in para no.1 of the plaint, without possession and plaintiff is entitled to the recovery of suit amount along with interest as prayed or to what extent ? OPP. 2. Whether the suit of the plaintiff is within the limitation of time ? OPP. 3. Whether the suit of the plaintiff is not maintainable in the present form ? OPD. 4. Whether the defendant is entitled to special costs under Section 35 -A of CPC ? OPD. 5. Relief. ''
(3.) THE respondents had set up a plea in the written statement that the entire amount had been paid to the petitioner and it is after the evidence had been led, he produced a receipt in support of his plea of satisfaction of the amount due to the petitioner.;