R.S. Chauhan, J. - (1.) WITH the consent of both the parties, this case is being decided at this stage itself.
(2.) AGGRIEVED by the order dated 08.12.2009 whereby the application filed by the petitioner under Order 8 Rule 1A(3) read with Section 151 Code of Civil Procedure has been dismissed, the petitioner has appraoched this Court. It is the case of the petitioner that the respondent had filed a civil suit for eviction on the ground of bona fide necessity of his son, Ravishankar. During the course of the evidence of the plaintiff, the plaintiff had admitted that he had other space available. However, he claimed that the space which was shown in the photograph, the said space was being used as a "storeroom". Therefore, the said space could not be used for establishing a shop for the benefit of his son, Ravishankar. Subsequently, the very same space was converted into a shop. Therefore, the appellant wanted to bring the photographs of the newly converted space on record. He also wanted to submit certain CDs trying to establish his case that the very same space has been converted into a shop which is now readily available with the landlord. However, vide order dated 08.12.2009, the learned Judge has dismissed the application. Hence, this petition before this Court.
(3.) THE learned Counsel for the respondent has contended that the petitioner is merely trying to delay the case and therefore, the learned Judge was certainly justified in the dismissing the application filed by the petitioner and was also justified in denying the petitioner an opportunity to bring the newly taken photographs on record.;