DHANNA AND OTHERS Vs. MOHAN LAL SHARMA AND OTHERS
LAWS(P&H)-2014-9-650
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 16,2014

DHANNA AND OTHERS Appellant
VERSUS
MOHAN LAL SHARMA AND OTHERS Respondents

JUDGEMENT

- (1.) This civil revision petition is directed against order dated 20.3.2012 passed by the Civil Judge (Junior Division), Faridabad whereby respondent No.6 herein, has been allowed to tender supplementary affidavit of J.P. Singh (DW4) in evidence, whereas his application filed under Order VI Rule 17 CPC on the same facts and circumstances as have been introduced in supplementary affidavit, had already been dismissed.
(2.) It is claimed by the petitioner-plaintiff that when the lower court had dismissed the application under Order VI Rule 17 CPC, finding it unnecessary to introduce plea on behalf of respondent No.6 that he was a bonafide purchaser and further that the suit land had lost the character of agricultural land, to allow defendant No.6 to file additional affidavit in his evidence to introduce all such facts, was not proper. This plea of the petitioner-plaintiff has been strongly resisted by the contesting respondent claiming that when opportunity to cross-examine J.P. Singh (DW4) appearing for respondent No.6 on the facts introduced by him in additional affidavit is available to the petitioners-plaintiffs, no prejudice is going to be caused to them.
(3.) Hearing has been provided to the counsel for the parties while going through the paper book.;


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