Jaswant Singh vs Tarsem Lal.

J.V. Gupta, J.—This revision petition is directed against the order of the trial Court dated March 20, 1986, whereby the application filed on behalf of the defendantpetitioner, for permission to adduce additional evidence under Order XVIII Rule 17A of the Code of Civil Procedure (hereinafter called the Code), was dismissed.

The petitioner wanted to produce the certified copy of the saledeed executed by Madan Lal in favour of Jasbir Singh. The said application has been dismissed primarily on the ground that no justification was made out to allow the application since it could not be held that the evidence sought to be produced as additional evidence was certified copy of the saledeed.

After hearing the learned counsel for the parties, I find that the said evidence should have been allowed to be produced on payment of costs for the negligence in not producing it earlier since the document sought to be produced as additional evidence was a certified copy of the saledeed.

Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application for adducing additional evidence is allowed on payment of costs of Rs 300/. The parties have been directed to appear in the trial Court on August 18, 1986.