High Court of Judicature at Allahabad
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Mohd. Islamuddin v. Zaheer Alam - WRIT - C No. 50680 of 2006  RD-AH 16055 (14 September 2006)
Hon. Tarun Agarwala,J.
Heard Sri Shahid Masud, the learned counsel for the petitioner and Ms. Swati Agarwal for the respondent.
An application was filed by the judgment debtor to lead evidence. This application was rejected by the executing court on the ground that evidence in the suit had already been led and therefore, there was no further requirement for allowing the judgment debtor to lead evidence afresh. The executing court accordingly rejected the application. The revisional court also rejected the revision of the judgment debtor.
The learned counsel for the petitioner submitted that evidence on the amended paragraphs in his objection was to be filed and therefore, the Court should have permitted him to file the evidence. In the opinion of the Court, since no such averments was made in his application or leading the evidence, the request of the learned counsel before this Hon'ble Court is consequently cannot be taken into consideration. In the opinion of the Court, the application filed by the judgment debtor leading the evidence was apparently vague and therefore, no interference is required by this Court.
The writ petition is dismissed.
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