Ram Niwas v. Shri Hari Ram And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 111 Civil Revision No.370 of 2022 (O & M) Date of Decision: August 31, 2022 Ram Niwas ..... APPELLANT(S)

VERSUS

Shri Hari Ram & another ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Ravi Pratap, Advocate, for the petitioner. Mr. Himanshu Sharma, Advocate, for the respondents. . . .

Tribhuvan Dahiya, J (Oral) CM No.3952-CII of 2022 Application is allowed.

Documents, Annexure P-5 to P-10 are taken on record. CM No.1920-CII of 2022 Application is allowed.

Copy of application dated 12.02.2019 for additional evidence (Annexure P-4) is taken on record.

CR No.370 of 2022 This petition has been filed for setting aside order dated 11.01.2022 (Annexure P-3) passed by the District Judge, Rewari, whereby AVIN KUMAR 2022.09.01 18:08 I attest to the accuracy and integrity of this judgment/order.

CR No.370 of 2022 [2] the petitioner's application under Order 41 Rule 27 CPC for additional evidence has been dismissed.

A perusal of order dated 04.01.2022 (Annexure P-2) reveals that inadvertently, application for additional evidence under Order 41 Rule 27 CPC filed by the petitioner could not be decided by the District Judge alongwith the appeal. Accordingly, the review application was allowed and the case was fixed for re-hearing. However, application for additional evidence was heard on 11.01.2022 and dismissed vide the impugned order, by the District Judge, Rewari. Now, the appeal is fixed for re-hearing on 06.09.2022.

There is no ground to interfere in the impugned order. Petition is dismissed.

(Tribhuvan Dahiya) Judge August 31, 2022 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2022.09.01 18:08 I attest to the accuracy and integrity of this judgment/order.