High Court of Punjab and HaryanaCR/1625/2020dismissed

Rakesh Kumar v. Narinder Kumar And ANR

2020-03-17Mrs. Justice Alka Sarin2 pages

YOGESH SHARMA 2020.03.19 11:47 I attest to the accuracy and integrity of this document CR-1625-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1625-2020 Date of decision : 17.03.2020 Rakesh Kumar ... Petitioner

Versus

Narinder Kumar and another ... Respondents

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Fatehjeet Singh, Advocate for the petitioner.

**** ALKA SARIN, J. (ORAL) The present revision petition has been filed challenging the order dated 14.02.2020, whereby application for framing additional issues filed by the defendant-petitioner has been dismissed. The case set up by the defendant-petitioner was that he has spent an amount of `25,00,000/- on construction and renovation of the shops in dispute as also that the plaintiff-respondent had been receiving the rent of the shop and plot in dispute. Hence, he prayed for framing of two additional issues, which read as under:- "1. Whether the applicant/plaintiff has been receiving rent of the shop and plot in dispute from the respondent/defendant No.2? OPR

2. Whether the respondent/defendant No.2 have spent `25,00,000/- on the construction and renovation of the shops and plots in dispute? OPR

YOGESH SHARMA 2020.03.19 11:47 I attest to the accuracy and integrity of this document CR-1625-2020 The said application has been filed at the end of the case i.e. when the case was listed for arguments. This is not a fact which was not within the knowledge of the defendant-petitioner. In fact, the case of the defendant-petitioner itself was that during the pendency of the case, the said amount had been spent on improvement etc. Framing of additional issues at this ground would amount to de nova trial inasmuch as the fresh opportunities for leading evidence would have to be given. The case which is now at the conclusion stage cannot be reopened. The present application seems nothing, but a tactic to delay the matter and that cannot be permitted. In view of the above, the present revision petition being devoid of any merit is dismissed.

( ALKA SARIN ) JUDGE 17.03.2020 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No