Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 227 of the Constitution of India wherein order dated 10.01.2019 in Eviction Title Suit No. 18 of 2009 passed by the Munsif, Ranchi is under challenge whereby and whereunder the additional documentary evidence sought for by the petitioner after remand of the matter by this Court under its revisional jurisdiction has been rejected.
(2.) It is the case of the petitioner that the eviction Title Suit has been filed by the landlord against the petitioner who happens to be the tenant of the land in question. The Trial Court has passed decree on 17.08.2018 under the provision of Section 14 read with Section 11(1) (c) of the Jharkhand Building (Rent Eviction and Control) Act, 2000 directing the petitioner to handover the possession of the suit premises within two months, revision has been preferred before this Court being Civil Revision No. 65 of 2015, the revisional court after taking into consideration and on the basis of factual aspect, has set aside the decree and remitted the matter to the court below for passing reasoned and speaking order, in view thereof, the matter on remand has again been restored in which the three petitions were filed by the petitioner/defendant on 15.12.2018 namely:- The first petition relates to seeking direction against the plaintiff to produce the document such as income tax return, balance sheet, statement of account, list of properties all tenancy agreement etc. Second is filed for recalling the order dated 18.02.2014 and permitting the defendant to lead additional evidence. The third one was under Order XVIII Rule 17 of the Code of Civil Procedure read with Section 151 of C.P.C. to recall P.W.-4 Manish Kumar Jaiswal for his cross-examination. The said application having been rejected vide order dated 10.01.2019, the instant writ petition has been filed under Article 227 of the Constitution of India.
(3.) The petitioner has taken the ground in assailing the aforesaid order that since the matter has been remitted, therefore, the entire proceeding is to be initiated afresh by allowing the petitioner with a liberty to adduce additional evidence for recalling the witnesses who have already been examined and to bring on record such documents by the plaintiff. The contention of the petitioner is that it is just and proper adjudication for the issue. The learned counsel for the petitioner has relied upon the judgment rendered by the Hon'ble Apex Court in the case of Badami Devi (Smt) & Anr. Vs. Ambuja Raghvan (Smt) reported in, 2001 9 SCC 245 and judgment rendered by Punjab and Haryana High Court in the case of Mohan Lal Vs. Bhim Sain & Anr. reported in,2011 2 PLR 377.;