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2023 Supreme(P&H) 1816

NAMIT KUMAR
Ajay Singh Chaudhary – Appellant
Versus
Shiv Raj Singh (now deceased) through his legal heirs – Respondent


Advocates appeared:
For the Parties : Mr. Sahil Khunger, Mr. Rajesh Sethi, Mr. Arun Biriwal, Mr. Paramdeep Singh, Ms. Preeti Bansal

Table of Content
1. facts surrounding the application for additional evidence. (Para 2 , 3)
2. arguments regarding the issuance of additional evidence. (Para 4 , 10)
3. judicial principles on additional evidence under cpc. (Para 6 , 7)
4. court's findings on procedural defects and delays. (Para 9 , 12)
5. final order dismissing the petition. (Para 15)

Judgment

Mr. Namit Kumar, J.

The present Civil Revision has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 10.01.2023 passed by learned Civil Judge (Junior Division), Sonepat whereby the application filed by the petitioners/defendants under Order 18 Rule 17 read with 151 of Code of Civil Procedure, 1908 (in short CPC) for additional evidence was dismissed.

2. In brief the facts of the present case are that plaintiff Late Shiv Raj Singh filed a suit against his son Ajay Chaudhary and Daughter-in-law Rajesh for declaration and permanent injunction to the effect that agreement to sell dated 21.07.2011 is illegal, wrong, null and void. The defendants while filing the written statement filed counter claim seeking relief of specific performance of the agreement to sell dated 21.07.2011 with the cons

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