Arun Bhansali, J. - (1.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioners aggrieved against the order dated 27.01.2014 passed by the trial court, whereby, the application filed by the petitioners -defendants seeking exclusion of the affidavit filed in evidence under Section 151 CPC has been rejected and the plaintiff has been permitted to produce his evidence.
(2.) RESPONDENT -plaintiff filed a suit for permanent injunction against the petitioners -defendants in the year 2000; it appears that the suit was fixed for plaintiff's evidence on 11.04.2005, when the same was closed; whereafter, plaintiff - Gulab Chand and witness Bakshi Ram were appeared in the Court but, their evidence was not recorded. The trial court on an application filed by the plaintiff, by its order dated 19.09.2006 came to the conclusion that the plaintiff was granted sufficient opportunities to lead evidence and the plaintiff was not present for evidence in time and came thereafter and produced his affidavit along with witness Bakshi
(3.) RAM and, therefore, recording of their evidence appears to be justified and directed as under: - ;