JUDGMENT

Manjari Nehru Kaul J. (Oral) -

CM No.10536-CII of 2022

Application is allowed as prayed for.

CR No.3420 of 2022 (O&M)

1. Mr. Avtar S. Khinda, Advocate has appeared and filed his power of attorney on behalf of respondent No.3 today in the Court and the same is taken on record.

2. The petitioner-plaintiff has filed the present petition under Article 227 of the Constitution of India for impugning the order dated 17.08.2022 (Annexure P-1) passed by the learned Civil Judge (Junior Division), Phagwara.

3. Learned counsel for the petitioner inter alia contends that respondent No.3 during the course of his cross-examination, deposed that two firms namely, Somsons Export and Upkar Diesel Spares were being run on the suit property. It was submitted that the above-said facts came to light for the first time during his cross-examination as the same were neither pleaded in the original written statement nor in the amended written statement. Therefore, to rebut the said facts, it was necessary to examine the clerk of VAT (Excise and Taxation) Department, failing which, the petitioner would suffer from irreparable loss. Learned counsel further contended that the trial Court had failed to appre