- (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 23.10.2019 passed by the Civil Judge, Balotra, whereby, the application filed by the petitioner under Section 45 and 73 of the Evidence Act, has been rejected.
(2.) The respondents filed a suit for possession and arrears of rent qua the shop. The suit was based on two documents said to have been executed by the petitioner. The petitioner filed a written statement denying the existence of documents and the fact that they were signed by the petitioner. It was alleged that the documents were concocted.
(3.) During pendency of the suit, an application under Section 45 and 73 of the Evidence Act was filed, which came to be rejected by order dated 21.5.2019 by the trial court.;