Sarwan Singh vs Nand Singh

G. C. Garg, J.

This revision is directed against the order dated 27.8.1994 of the trial Court whereby an application moved by the plaintiffpetitioner for permission to lead additional evidence has been dismissed. The plaintiff by moving the aforesaid application sought to produce copies of judgment and decree of the civil Court and a copy of instrument of partition besides a copy of the order dismissing Suit No. 342 of 1989 filed by the defendant, by way of additional evidence. Trial Court has dismissed the application primarily on the ground that no explanation was given by the plaintiff for nonproduction of the above documents at the time when he was leading evidence in the affirmative.

After hearing learned counsel for the petitioner and having regard to the facts and circumstances of this case, I am of the opinion that this petition must succeed. Copies of judgment and decree of civil Court are per se admissible in evidence. The other document which was sought to be produced by way of additional evidence is an instrument of partition and this document also cannot be said to be such which may be a fabricated one. Thus. there being no chance of these documents being fabricated, the same ought to have been permitted to be produced by way of additional evidence. The only lapse on the part of the plaintiff is that these documents were not produced at the time of leading evidence in the affirmative and for this the defendant can be compensated by payment of costs. The revision petition is consequentily allowed and the application of the plaintiff for leading additional evidence is allowed subject to payment of Rs. 500/ as costs, to the extent that only copies of judgment and decree and the instrument of partition will be permitted to be produced by way of additional evidence.