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Judgment
19 paragraphs · 333 wordsAlok Singh, J.—Present petition is filed challenging order dated 4.6.2010 passed by Civil Judge (Sr. Divn.) Jhajjar whereby application
moved by the Defendant-Petitioner seeking permission to place on record additional evidence was rejected.
Respondents No. 2 to 7 are proforma Respondents, hence, need not be served.
The Defendant-applicant has moved an application before the learned trial Court seeking permission to place on record death certificate of the
scribe and witnesses of the Will in the additional evidence. Learned trial Court has rejected the application by the impugned order on the ground
that application was moved at the belated stage and on the ground that Defendant-applicant could not prove due diligence regarding the evidence
sought to be placed on record.
Heard learned Counsel for the parties and perused the record.
This Court is of the opinion that Birth and Death Register duly maintained by the Department is a public document and any entry made therein
shall be presumed as correct in view of Section 144 of the Evidence Act unless proved otherwise. Order 8 Rule 1-A(3) CPC provides that
additional evidence can be placed on record at any stage of the suit with the leave of the Court. If Defendant-Petitioner wants to place on record
certified copies of the Death and Birth Register to prove the death of the scribe and witnesses of the Will, ordinarily permission ought to have been
granted to the Defendant-Petitioner. Ordinarily, delay is no ground to refuse the party to place on record relevant evidence which will be just and
proper for fair adjudication of the case. In the opinion of this Court, application ought to have been allowed which was wrongly rejected.
Petition is allowed.
Impugned order is set aside.
Defendant-Petitioner is permitted to place on record certified copy of death certificate of scribe and witnesses of the Will within 30 days from
today.
Defendant-Petitioner shall pay costs of Rs. 5000/- to Respondent No. 1 within 10 days from today.