Ram Lal vs Charan Kaur

G.C. Garg, J.

This revision is directed against the order dated 12.11.1994 of the trial Court whereby an application filed by the defendantrespondents for leading additional evidence was allowed subject to payment of costs. Aggrieved by the said order, the plaintiffpetitioner filed this revision which was admitted and proceedings in application under Order 9 Rule 13 of the Code of Civil Procedure were stayed. Learned counsel for the petitioner submitted that the conclusion of the trial Court as arrived at in Para 5 of the order that the death certificate is per se admissible, is incorrect and contrary to law. He further submitted that the defendants are required to prove the death certificate by producing evidence in that behalf and it is thereafter that the plaintiffpetitioner is entitled to lead rebuttal evidence as the death certificate has been permitted to be produced only by way of additional evidence.

Learned counsel for the respondents on the other hand, conceded that the death certificate permitted to be produced by way of additional evidence is not per se admissible and the same will be proved in accordance with law.

In view of the above, this revision petition is allowed and the impugned order dated 12.11.1994 is modified only to the extent that death certificate is permitted to be produced on record by way of additional evidence subject of course to its proof in accordance with law with liberty to the petitioner to rebut the evidence in that behalf. The trial Court shall now dispose of the application for setting aside the exparte decree at a very early date after affording maximum of two to three opportunities to each of the parties at short intervals for their respective evidence. Parties through their counsel are directed to appear in the trial Court on 12.1.1998. No costs.