Judgment:
CR No.159 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (128) CR No.159 of 2014 Date of decision: 14.01.2014.
Balraj ......Petitioner Versus Jaswant and others .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Harkesh Manuja, Advocate for the petitioner.
**** SABINA, J.
Petitioner has filed this petition challenging the order dated 07.12.2013 passed by the trial court whereby application moved by the petitioner for permission to lead additional evidence was dismissed.
Petitioner has filed suit for declaration and possession.
Plaintiffs as well as defendants concluded their evidence.
When the case was listed for rebuttal evidence of the plaintiffs, if any and arguments, an application was moved by the petitioner for permission to lead additional evidence and to prove the Aks Shijra on record.
Learned trial Court, while dismissing the application, Sandeep Sethi 2014.01.16 15:45 I attest to the accuracy and integrity of this document CR No.159 of 2014 -2- has held as under:- “After hearing the arguments advanced by the ld.
counsel for the parties and perusal of the record, it is observed that by way of this application, the applicants/plaintiffs have sought permission to prove the site plan attached with the plaint and to prove site plan/Aksh Shijra of the street bearing khaSr.no.298 on the ground that same could not be tendered/proved earlier inadvertently.
Perusal of the records would show that previously also, an application for appointment of Local Commissioner for demarcation of khasr no.297 and 298 was filed and the same was dismissed on 24.09.2013.
Said documents were in possession and knowledge of the applicants but the same were not tendered at the time when the evidence of plaintiffs was being led.
It is not a new fact which has come to their knowledge now so as to necessitate the filing of instant application.
The applicants have failed to exercise due diligence.
Thus, in view the above discussion, no ground is made out to allow the application and the same is dismissed.
To come up on 10.12.2013 for rebuttal evidence, if any and arguments.”
.
The reasons given by the trial court while dismissing the application are sound reasons.
It has transpired during the Sandeep Sethi 2014.01.16 15:45 I attest to the accuracy and integrity of this document CR No.159 of 2014 -3- couRs.of arguments that Aks Shijra has already been marked by the plaintiffs in evidence.
However, the same was not got exhibited by them for the reasons best known to them.
In these circumstances, learned trial court rightly held that the application at the fag end of the trial for permission to lead additional evidence was liable to be dismissed.
Hence, no ground for interference is made out.
Dismissed.
(SABINA) JUDGE January 14, 2014.
sandeep sethi Sandeep Sethi 2014.01.16 15:45 I attest to the accuracy and integrity of this document