- (1.) Challenge in the present revision petition filed under Article 227 of the Constitution of India is for setting aside the order dated 15.9.2014 (Annexure P/10) whereby the Civil Judge (Junior Division), Ludhiana dismissed the application for additional evidence moved by the petitioners who are defendants no.6 and 7 and were impleaded vide order dated 16.7.2012 being subsequent purchasers.
(2.) Counsel for the petitioners has vehemently submitted that vide application for additional evidence, petitioners wanted to produce certified copies of the FIR bearing Nos.129, 147 and 149 registered at Police Station, Sarabha Nagar, Ludhiana on 29.8.2008, 27.9.2008 and 30.9.2008 respectively along with certified copy of order dated 5.6.2009 passed by the SDM while exercising the powers of Assistant Collector Ist Grade, Ludhiana and the written statement filed in the civil suit interse the parties alongwith Civil Appeal and the reply filed which is pending in the Court of Ms. Shilpa, CJ (JD), Ludhiana in additional evidence.
(3.) The trial Court has taken into account the fact that the applicants have taken number of opportunities to produce evidence and their evidence was closed on 3.7.2014. The petitioners had started their evidence on 5.4.2013 and **** taken 40 opportunities. It has been noticed that the said documents were very well within the knowledge of the applicants at the time of leading evidence. The copies of the FIRs were already on record and they had been put by the plaintiffs in the cross examination of the defendants. The present application had been filed to delay the case and the impugned order was passed rejecting the application for additional evidence.;