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Judgment
8 paragraphs · 395 wordsR.S. Mongia, J.—Notice.
Mr. Rameshwar Malik, Advocate accepts notice on behalf of the respondents-caveators.
The petitioner-plaintiff wish to produce certified copies of Jamabandi for the year 1893-1894, 1918-1919, 1922-1923 as these would have bearing on the just decision of the case before the trial Court. This request has been declined by the trial Court.
Learned counsel for the respondents says that the case is ripe for arguments and 17.10.1994 is the date fixed for arguments. The petitioner cannot be allowed to produce these documents at this stage because the petitioner was in the know of these Jamabandis and no ground is made out at this belated stage for producing the documents.
Learned counsel for the petitioner says that apart from these Jamabandis, he is to produce no other evidence and even if these are produced now the case can still be argued on 17.10.1994 and it will not delay further proceedings.
After hearing learned counsel for the parties, I am of the view that documents, which the petitioner wishes to produce are the certified copies of revenue record which is kept under the Punjab Land Revenue Act and Rules made thereunder and are the copies of official record. The respondent can be compensated by costs and if necessary can be given an opportunity to rebut this additional evidence by way of oral/documentary evidence.
In this view of the matter, I consider it appropriate that it will be in the interest of justice to allow the petitioner-plaintiff to produce the certified copies of Jamabandis referred to above. Learned counsel for the petitioner says that he has already obtained certified copies thereof. Let these be taken on record by the trial Court as evidence on the date fixed i.e. 17.10.1994 subject to payment of Rs. 500/- as costs to the respondent. Photostat copies of the Jamabandis have been handed over to the learned counsel for the respondent. If the respondents wish to produce any evidence to rebut the additional evidence produced by the petitioner-plaintiff, they would be given due opportunity for the same and if the respondents do not wish to make further evidence, the arguments would be heard on 17.10.1994. Consequently revision petition is allowed in the above terms. No costs.
Copy of this order attested by the Court Secretary be given to the learned counsel for the parties.