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1998 Supreme(P&H) 139

SAT PAL
Kamal Kapoor – Appellant
Versus
N. K. Vij – Respondent


Judgment

Sat Pal, J.

1. I have heard the learned counsel of the petitioner and have perused the impugned order dated 8.9.1997 passed by the Additional Civil Judge (S.D.) Jalandhar. By this order, the learned Additional Civil Judge has rejected the prayer of the petitioner/defendant to put an agreement and the receipt in cross-examination to the plaintiff.

2. Mr. Sood, the learned counsel appearing on behalf of the petitioner submits that the receipt in question is with regard to the payment of rent and as such it is relevant document. He further submits that agreement is also a relevant document and the learned trial Court was not correct in refusing the request of the petitioner in putting these documents for cross-examination, to the plaintiff.

3. After hearing the learned counsel for the parties, I am of the opinion that the agreement cannot be put to the plaintiff in cross-examination. It is not disputed that the petitioner had filed an application for amendment of the written statement for the purpose of incorporating the said agreement in the written statement but that application for amendment was disallowed by the learned trial Court and order passed by the learned trial Cou

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