- (1.) Dismissal of application moved by petitioner-defendant No.9 Manjit Singh for recalling order dated 15.3.2013 whereby evidence of the defendants had been closed by the order of court with further prayer of permitting them to lead additional evidence under Section 151 CPC, forms the subject matter of this revision petition which has been filed by the petitioner-defendant Manjit Singh invoking supervisory powers of this Court under Article 227 of the Constitution of India.
(2.) It is claimed that the petitioner-defendant has an independent right to lead evidence, refusal whereof by the lower court has resulted in great prejudice to the petitioner-defendant. It is pleaded that sufficient opportunity had not been granted to the petitioner-defendant to lead evidence, but even then, he stood debarred from leading evidence.
(3.) Per contra, stand of the respondent-plaintiff is that endeavour of the petitioner-defendant and his associates impleaded as defendants in the suit is only to delay and dilate the proceedings by one way or the other pretext whereas in fact stand of the petitioner-defendant is common with other defendants and has already been espoused by them availing more than eight opportunities in leading their evidence.;