High Courts(1991) 02 P&H CK 0083

Mahender (Minor) vs Kail Chand

Punjab And Haryana At Chandigarh · Decided on 1 February 1991 · Citation: (1991) PLJ 500 : (1991) 2 RRR 388

HON’BLE JUDGES
J.V.Gupta · CJ., J
CASE NUMBER
Civil Revision No. 1741 of 1990

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Judgment

6 paragraphs · 263 words

J.V. Gupta, C. J.

1.

This revision petition is directed against the order of the trial Court dated May 7, 1990, whereby the application filed by the plaintiff for filing the correct and complete certified copies of the Jamabandis was declined.

2.

In the impugned order itself, the trial Court has observed that the applicantplaintiff can be allowed to produce the documents by way of additional evidence on application to this effect if it is supported by affidavit and also by copies of relevant documents showing omission.

3.

The learned counsel for the petitioner submitted that in this very application filed by the plaintiff it is pleaded in the alternative that he may be allowed to bring those documents on the record by way of additional evidence. Thus, argued the learned counsel, there was no occasion for the trial Court to observe that the plaintiff should file a fresh application in this behalf.

4.

After hearing the learned counsel for the petitioner I find that in this very application, it was so mentioned that he may be allowed to file the documents by way of additional evidence. Moreover, the documents sought to be produced on the record are public documents containing revenue entries, which should have been allowed to be produced by way of additional evidence on payment of costs, if any.

5.

Consequently, this revision petition succeeds. The plaintiff petitioner is allowed to bring on the record the documents mentioned in the application, by way of additional evidence on payment of costs of Rs. 200/. This revision petition is disposed of accordingly.