Single judge allowed an appeal against dismissal of an application for additional evidence. The court held that no ground for interference was established as the petitioner knew of the document earlier.
Grant of permission to lead additional evidence was refused.
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 692 of 2014 Date of Decision: 30.1.2014.
Government Senior Secondary School, Kherki
.......Petitioner
Versus
Lilu Ram and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. N.D.Achint, Advocate for the petitioner.
SABINA, J.
Petitioner has filed this petition challenging the order dated 9.12.2013 whereby application moved by the petitioner for permission to lead additional evidence, was dismissed.
Learned counsel for the petitioner has submitted that plaintiffs have produced on record the statements made by witnesses in the earlier litigation except the statement of PW-4 Gajraj. The said statement was also necessary for the just decision of the case.
In the present case, respondents have closed their evidence. Petitioner has also closed its evidence and now the case is listed for rebuttal evidence of the plaintiffs, if any, and arguments. The statement now sought to be placed on record, was recorded in the earlier litigation in the year 2004. Thus, the said statement was in the knowledge of the petitioner and should have been proved on record by the petitioner while leading its evidence.
No ground for interference is made out.
Dismissed.
(SABINA) JUDGE
January 30, 2014 Gurpreet
Singh Gurpreet 2014.02.03 14:00 I attest to the accuracy and integrity of this document chandigarh
1 issue framed by the court
Whether the High Court should permit additional evidence filed belatedly when respondents had already closed their evidence.
Government Senior Secondary School, Kherki
Lilu Ram and others
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
