BHAJAN SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) This defendant's revision is directed against the order dated April 23rd, 2009 passed by Civil Judge (Junior Division), Nakodar, whereby, plaintiff -respondent was allowed to prove a report dated April 11th, 2007 of Superintendent of Police Headquarters, Jalandhar by way of additional evidence.

(2.) The ground pleaded in the application was that the said report came to the notice of the plaintiff-respondent when the Clerk of the office of Superintendent of Police, Jalandhar appeared into the witness box. So, the report could not be produced at the time the plaintiff was leading evidence.

(3.) The solitary contention of learned counsel for the petitioner is that the trial Court fell in error in allowing the application for additional evidence because Order 18 Rule 17-A of Code of Civil Procedure (for short the CPC') which provided for leading of additional evidence has been deleted by amendment Act of 2002 and as such, there is no provision in the CPC to allow the party to lead additional evidence.