JUDGMENT

Amit Bansal, J. - CM No.40408/2021(for exemption)

1. Allowed subject to all just exceptions.

2. The application is disposed of.

CM(M) 1017/2021

3. The present petition under Article 227 of the Constitution of India impugns the order dated 12th October, 2021 passed by the Court of Civil Judge, Tis Hazari Courts, New Delhi in CS No.597006/2016, whereby the application filed on behalf of the petitioners/plaintiffs under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (CPC) for seeking re-opening and recalling/calling of the witnesses on behalf of the petitioners has been dismissed.

4. It is deemed apposite to give a brief rsum of facts preceding the filing of the present petition. The petitioners/plaintiffs in the present case had filed a suit for possession against the respondent/defendant before the Trial Court, in respect of property bearing No. 39/33, 100 Feet Road, Guru Nanak Gali, comprised in Mustatil No. 137, Kila No. 14/2, Village Burari, Delhi. Plaintiffs evidence began on 3rd October, 2007 and continued for 10 years therefrom, during which time the Local Commissioner appointed in another suit between the parties herein, being Suit No. 340/2005, was examined and