1. This petition has been filed against the order dated 3.10.2015 passed by the Additional District Judge No.2, Jaipur Metropolitan, Jaipur dismissing the petitioner - defendant's (hereinafter referred as defendant) application for leading further evidence by way of an additional affidavit.

2. The facts of the case are that in a suit for partition laid by the respondent- plaintiff (hereinafter plaintiff), written statement was filed and issues framed. Subsequent to the evidence of the plaintiff, the defendant having filed affidavit in evidence was being cross-examined. At this stage on 31.7.2015, the defendant filed an application for leading further evidence by way of additional affidavit in evidence stating that certain documents in original/certified copy already filed before the Court but having mistaken to have been lost, were not included in the original affidavit in evidence and therefore an additional affidavit to exhibit such documents already on record of the court in defence evidence be allowed. The said application has been dismissed by the impugned order. Hence this petition.

3. Counsel for the defendant submitted that in the facts obtaining, more particularly