Punnu Ram vs Hans Raj

L.N. Mittal, J.—Defendant Punnu Ram has filed this revision petition under Article 227 of the Constitution of India to assail order dated 18.7.2011, Annexure P/1 passed by learned Additional Civil Judge (Senior Division), Abohar thereby dismissing application of defendant -petitioner for additional evidence. Respondent -plaintiff Hans Raj has alleged in plaint Annexure P/1/A that defendant borrowed Rs 1,55,000/- from the plaintiff on 14.6.2004 and entry to this effect duly signed by the defendant was made in cash book. Stand of defendant in his written statement Annexure P/2 is that he had borrowed Rs 55,000/- only from the plaintiff and the figure of Rs 55,000/- has been converted into Rs 1,55,000/- by adding digit ''1''. The defendant by way of additional evidence wants to examine Handwriting Expert to prove the same. Said prayer of defendant was opposed by the plaintiff by filing reply. Learned trial court vide order Annexure P/1 dismissed application of defendant for additional evidence. Said order is under challenge in this revision petition.

I have heard learned counsel for the parties and perused the case file.

Counsel for the defendant - petitioner contended that the defendant had taken stand in the written statement itself that the aforesaid entry has been forged and fabricated in the aforesaid manner by adding digit ''1'' and to prove the same the defendant wants to examine Handwriting Expert as witness by additional evidence.

I have carefully considered the prayer. In my considered opinion, ends of justice would be met if the defendant is allowed to lead proposed additional evidence on payment of costs. Defendant has taken plea regarding fabrication of entry in the written statement itself. In view of the aforesaid, the instant revision petition is allowed. Impugned order Annexure P/1 passed by the trial court is set aside. Defendant - petitioner is permitted to lead proposed additional evidence subject to payment of Rs 5000/- as costs precedent. Defendant shall be granted only one effective opportunity for his additional evidence at own responsibility.