- (1.) Present petition is challenge to the order dated 19.7.2014, passed by learned Civil Judge (Junior Division), Karnal, whereby application filed by present petitioner for leading additional evidence was dismissed.
(2.) Relevant facts for the purpose of decision of the present petition that present petitioner/plaintiffs had filed suit for declaration and mandatory injunction with consequential relief of permanent injunction for declaring judgment & decree dated 30.7.1994, passed in Civil Suit No. 490 of 1994, to be null and void. Defendants contested the suit and during pendency thereof, application for additional evidence was filed by the present petitioners so as to examine Handwriting & Finger Print Expert Ram Dhan Babbar to prove that decree dated 30.7.1994 is null and void on the ground that signatures of Suresh Kumar were forged one.
(3.) The Court below declined that application on the ground that as per amended provisions of Order 18 Rule 17A CPC, additional evidence is not permissible. More so, there are no grounds for allowing additional evidence. Plaintiffs were given due opportunity to lead their evidence, which was closed after tendering document on 10.5.2013. The fact regarding passing of earlier civil court decree was well within the knowledge of the petitioners. The Court below also dismissed the application on the ground that the case was fixed for rebuttal evidence and arguments and in case the same is allowed, that shall result into de novo trial.;