Arun Bhansali, J. - (1.) THIS writ petition under Article 226 and 227 of the Constitution of India is directed against the order dated 07.07.2014 passed by the trial court, whereby, the application filed by the petitioner under Order VI, Rule 17 CPC has been rejected.
(2.) THE respondent -plaintiff filed a suit for specific performance; during the pendency of the suit the trial court closed evidence of the plaintiff on 19.05.2007, however, he was granted an opportunity to submit an application for leading evidence along with the proof of accident and treatment; on 21.07.2007 an application was filed by the plaintiff, inter alia, indicating the facts about his admission in the hospital at Ahmedabad along with the medical certificate and prayed for reopening of evidence; it was claimed by the petitioner that the facts stated in the application were false; however, the trial court after hearing the parties vide its order dated 04.12.2007 allowed the application and afforded an opportunity to the plaintiff to lead evidence. It appears that the petitioner filed an FIR regarding the alleged forged medical certificate, which was registered by the Police and, upon investigation, it was revealed that the certificate was forged and a charge -sheet against the plaintiff was filed on 25.05.2012; whereafter the petitioner initially filed an application seeking recall of the order dated 12.04.2007, whereby, the plaintiff was granted permission to lead evidence, which application came to be rejected by the trial court on 02.08.2013 and the order was upheld in S.B. Civil Writ Petition No. 10282/2013 filed by the petitioner by order dated 27.09.2013.
(3.) WHEREAFTER , the petitioner filed an application seeking amendment in the written statement, inter alia, seeking to introduce the facts regarding closing of evidence, application filed by the plaintiff along with alleged forged documents, order passed by the trial court reopening the evidence and the facts revealed by the police investigation.;