SAT PAL
Khuda Bux – Appellant
Versus
Nafis Ahmad – Respondent
Sat Pal, J.
1. This petition has been directed against the order dated 19.3.1997 by the Civil Judge (JD), Faridabad. By this order the learned trial Court has allowed the application filed by the respondent-defendant under Order 18 Rule 17-A CPC for production of additional evidence which is in the shape of mortgage deed dated 1.8.1973 and sale deed dated 19.5.1980. Notice of this petition was issued to the respondents.
2. Mr. Hemant Kumar, the learned counsel appearing on behalf of the petitioner inter alia has contended that the learned trial Court has itself given a finding that documents required to be produced in evidence were very much within the knowledge of the defendant and defendant had not exercised due diligence and in view of the clear finding, the learned trial Court has gone beyond its jurisdiction in allowing the application under Order 18, Rule 17-A CPC.
3. Mr. Aakash Jain, the learned counsel appearing on behalf of the respondents, however, submits that the application filed by the respondents-defendants under Order 18, Rule 17-A CPC has been allowed as the said evidence was very much necessary for the just and appropriate decision of the case and this has
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