Tejbir Singh And Others vs Kapoori Devi And Others
2022 Latest Caselaw 2214 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
114
                                                              CR-5286-2019
                                                   Date of Order: 29.03.2022

TEJBIR SINGH AND OTHERS                                    ..Petitioners

                                   Versus

KAPOORI DEVI AND OTHERS                                    ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Parminder Singh, Advocate for the petitioners.

Mr. Ashwani Chopra, Sr. Advocate with Mr. Brahmjot Singh Nahar, Advocate for Lrs of respondent No.7.

ANIL KSHETARPAL, J(Oral)

The trial Court in exercise of its discretion has permitted the

defendants to produce documentary evidence including judgment of the

High Court in a previous litigation and revenue record in additional

evidence.

The petitioners are the plaintiffs in a suit filed by them seeking

decree of declaration with the consequential relief of permanent injunction.

The dispute is with regard to the immovable property.

The learned counsel representing the petitioners contend that at

the fag end of the trial, the Court, without examining as to whether the

defendants have made out a case for production of the additional evidence,

has allowed the application.

He further contends that these documents were in the

knowledge of the defendants as these were relied upon while filing the

application under Order 7 Rule 11 CPC. He further submits that the

witnesses, who appeared on behalf of the plaintiffs, were also cross-

examined on the basis of the aforesaid documents.

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He further contends that the Court has committed a material

irregularity while failing to grant an opportunity to the plaintiffs to lead

evidence to rebut additional evidence.

As regard the first argument, it may be noted that once the

plaintiffs were confronted with the documentary evidence sought to be

produced in additional evidence, then, the plaintiffs cannot claim prejudice.

The plaintiff has the knowledge of the documents once they have been used

for confronting him in his cross-examination. In other words, the plaintiffs

were in knowledge of the documents relied upon by the defendants. Further,

the trial Court in the facts of the case has found that such documents will

help the Court in properly adjudicating the matter.

As regard the last argument, the learned Senior counsel

representing the respondent does not have any serious objection.

Keeping in view the aforesaid facts, while disposing of the

revision petition, it is ordered that the trial Court will grant two opportunities

to the plaintiffs to lead evidence in order to rebut the additional evidence

produced by the defendant.

With all these observations, the revision petition is disposed of.

All the pending miscellaneous applications, if any, are also

disposed of.

March 29th, 2022                                       (ANIL KSHETARPAL)
Ay                                                           JUDGE

Whether speaking/reasoned                 :      Yes/No
Whether reportable                        :      Yes/No




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