Jat Dharamshala, New Colony Road, Palwal vs Saraswati Shishu Mandir Prabandh Samiti, Palwal and others

L.N. Mittal, J.—Jat Dharamshala (respondent no. 10 before the executing court) has filed this revision petition under Article 227 of the Constitution of India assailing order dated 14.10.2010, Annexure P/3 passed by the executing court i.e. Civil Judge (Junior Division), Palwal thereby dismissing application Annexure P/1 moved by the petitioner for additional evidence. Respondent no. 1 - decree holder has filed execution petition for execution of decree dated 9.11.1998. In the said execution petition, petitioner herein appears to have filed some objections which are being adjudicated upon along with objections of some other respondents before the executing court (as submitted by the counsel for the parties).

The petitioner herein by way of additional evidence wants to produce two gift deeds dated 30.4.2009 allegedly executed in its favour by previous owners Ajay Partap Singh and Udai Partap Singh. The said application was resisted by the decree holder by filing reply Annexure P/2. Learned executing court has dismissed the application of petitioner for additional evidence vide impugned order Annexure P/3. Feeling aggrieved, the instant revision petition has been filed.

I have heard learned counsel for the parties and perused the case file. Counsel for the petitioner contended that the gift deeds in question came into existence after the petitioner had closed its evidence and therefore, application for additional evidence to produce the said gift deeds should be allowed. The contention, although apparently very attractive is in fact misconceived and devoid of merit. Decree sought to be executed is dated 9.11.1998. The alleged gift deeds are dated 30.4.2009. It is not explained as to how these gift deeds are relevant for the controversy to be adjudicated upon. On the contrary, these gift deeds have been obtained during pendency of the execution petition, even after petitioner had closed its evidence as submitted by counsel for the petitioner himself. Consequently, these gift deeds can have no relevance to the issue involved in the execution petition. Without going into any other aspect of the matter, the proposed additional evidence cannot be permitted. The revision petition is accordingly dismissed.