- (1.) Heard learned counsel for the parties.
(2.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 3.11.2012 (Annex.-10) passed by the Additional District judge, Anoopgarh, District Sriganganagar in Civil Case No. 87/2004, whereby as application filed by the petitioner under Section 151 of the C.P.C. and 165 of the Evidence Act is rejected.
(3.) Learned counsel for the petitioner submits that earlier two petitioners were filed by the petitioner, out of which S.B. Civil Writ Petition No. 831/2012 was decided vide order dated 27.1,2012, in which an order was passed by this Court directing the trial Court to grant one opportunity to the petitioner to lead evidence in rebuttal on the next date of hearing and further the trial Court was directed to permit the petitioner- plaintiff to lead evidence in rebuttal and thereafter proceed in the matter. In other writ petition filed by the petitioner being S.B. Civil Writ Petition No. 9994 of 2012 a specific order was passed by this Court on 1.11.2011, by which the trial Court was specifically directed to record the statement of witness Mahendra Singh for the purpose of rebuttal only and not to prove the issue No.1, but the trial Court is not making compliance of the said order and rejected the prayer of the petitioner, although this Court specifically directed the trial Court to record the statement of Mahendra Singh in rebuttal only.;