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2012 DIGILAW 414 (PNJ)

Dharamveer Singh Malik v. Hari Ram Malik

2012-03-05

L.N.MITTAL

body2012
JUDGMENT Mr. L.N. Mittal, J. (Oral):- Plaintiff Dharamveer Singh Malik has filed this revision petition under Article 227 of the Constitution of India impugning order dated 17.11.2011, Annexure P/3 passed by learned Civil Judge (Senior Division), Panipat thereby dismissing application Annexure P/1 for additional evidence. 2. Plaintiff by way of additional evidence wants to produce copies of orders dated 29.5.2006 and 10.1.2007 passed by Assistant Collector IInd Grade and Collector respectively regarding correction of khasra girdawari. 3. I have heard learned counsel for the parties and perused the case file. 4. Counsel for the petitioner contended that these orders are inter parties and both the defendants while appearing in the witness box were cross-examined regarding said orders but they denied knowledge thereof. 5. I have carefully considered the aforesaid contention. Copies of orders sought to be produced are stated to be inter parties. Defendants have not denied the aforesaid orders but expressed ignorance when crossexamined about the same. Even in reply Annexure P/2 to the application for additional evidence, the defendants pleaded that the alleged orders are against law and facts and not binding on the defendants. Thus, the defendants did not deny the existence of the aforesaid orders. Certified copies of the orders are per-se admissible in evidence. The orders are inter parties and have bearing on the merits of the suit. Consequently, ends of justice would be met if the proposed additional evidence is allowed on payment of costs. Defendants shall get an opportunity to lead evidence in rebuttal of the additional evidence. Impugned order of the trial court is unsustainable because the trial court refused to exercise jurisdiction which vested in it to permit the proposed additional evidence. Consequently, the impugned order suffer from jurisdictional error. 6. For the reasons aforesaid, the instant revision is allowed. Impugned order Annexure P/3 passed by the trial court is set aside. Application Annexure P/1 moved by plaintiff-petitioner for additional evidence is allowed and plaintiff-petitioner is permitted to produce certified copies of orders dated 29.5.2006 and 10.1.2007 by way of additional evidence subject to payment of Rs 5000/- as costs precedent. --------------------