JUDGMENT

Alka Sarin, J. (Oral) - The present revision petition under Article 227 of the Constitution of India has been filed for setting aside the orders dated 13.02.2014 and 24.12.2015 whereby the Trial Court closed the evidence of the petitioner by order and further did not allow the petitioner to tender the affidavit of Billi Mahant as RPW1/A in rebuttal evidence.

2. The brief facts relevant to the present lis are that the plaintiffpetitioner filed a suit for declaration to the effect that writing dated 25.10.2010 propounded by the defendant-respondent is illegal, null and void and ineffective qua the rights of the plaintiff-petitioner.

3. On the basis of the pleadings, the following issues were framed by the Trial Court :

1. Whether the plaintiff is entitled to the declaration as prayed for ? OPP

2. Whether the plaintiff is entitled to the permanent injunction as prayed for ? OPP

3. Whether the defendant is entitled to permanent injunction as prayed for in counter claim ? OPD

4. Relief.

4. The evidence of the plaintiff-petitioner was closed by order on 13.02.2014. An affidavit of the plaintiff-petitioner had earlier been filed as PW-1/A while leading the evidence in affirmative.

5. The