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Judgment
A.N. Jindal, J.—This petition assails the order dated 21.05.2008 (Annexure P-5) passed by the Civil Judge (Senior Division), Jagadhri, whereby the application filed by the Plaintiff-Petitioner (hereinafter referred to as ''the Petitioner'') u/s 151 CPC for permission to lead additional evidence, was dismissed.
After hearing Counsel for the parties, it has come to light that all the photocopies of the documents have been exhibited, but the original of the documents i.e. Bill book, agreement dated 24.10.1994, statement of account and the partnership deed of firm, could not be brought on record despite due diligence and the negligence appears to be on the part of the Counsel and not the party, as it had supplied all the documents to its Counsel for tendering the same in evidence. Therefore, party cannot be held liable for the fault on the part of the Counsel and the negligence of the Counsel could be compensated with costs.
In these circumstances, this petition is accepted and the Petitioner is granted one opportunity to tender all the original documents into evidence, of which, carbon copies have been exhibited, subject to payment of Rs. 5000/- as costs, which would be paid by the defaulting Counsel.