1. Present petition has been filed under Article 227 of the Constitution of India seeking to set aside order dated 7th March, 2008 passed by Additional District Judge in Suit No. 537/2007 whereby respondent/defendant’s application under Section 73 of Indian Evidence Act, 1872 (hereinafter referred to as ‘IE Act’) was allowed.

2. Briefly stated, the material facts of this case are, that on 25th July, 2005 defence of respondent/defendant had been struck off. Respondent/defendant’s application for recalling the said order was dismissed on 13th September, 2005. A civil miscellaneous main petition being CM(M) No. 2545/2005 filed by respondent/defendant against said order was also dismissed by this Court on 24th October, 2005. Even a Special Leave Petition being SLP(C) No. 25073/2005 filed by respondent/defendant against said order was dismissed by Hon’ble Supreme Court on 31st July, 2006. Consequently, the order striking off defendant/respondent’s defence has attained finality.

3. When trial court disallowed respondent/defendant from confronting petitioner/plaintiff’s witness with certain rent receipts purportedly issued by previous owner Col. B.S. Gaind, respondent/defe