HARBANS LAL, J. - (1.) This civil revision petition is directed against the order dated 17.7.2002 passed by the learned Civil Judge (SD) Srimadhopur in Civil Original Suit No. 109/2000, whereby the learned Court has refused to take the documents (photographs) on record.
(2.) The plaintiffs instituted a suit for eviction and arrears of rent on the grounds of personal necessity, default, material alteration etc. on 28.4.1997. The defendants contested the suit by filing written statement on 11.5.1999. After determination of the revisional rent on 16.11.2001, the Issues were framed on 7.2.2001 and the parties were called upon to lead their evidence. During the examination-in-chief of Prahlad (PW-1) on 6.9.2001, he stated that he had no house for his residence whereupon the learned counsel for the defendants submitted 7 photographs alongwith negatives of the house in which plaintiffs are residing but the Court below refused to take those photographs on record vide the impugned order.
(3.) Learned counsel for the plaintiffs has raised a preliminary objection that this revision petition is not maintainable in view of the amended proviso to Sub-section (1) of Section 115 CPC.;