MOHAN PAL SINGH Vs. KARAM PAL SINGH

JUDGEMENT

(1.) This petition has been filed against the order dated 17.12.2009 passed by learned Civil Judge (Senior Division), Muktsar declining the application of the petitioners for permission to lead secondary evidence.

(2.) Learned Counsel for the petitioners has stated that under an earlier order of this Court the petitioners had been granted two opportunities to lead their evidence and it was while they were leading their evidence on the second of said opportunities that the application was made for permission to prove two affidavits by way of secondary evidence. Learned trial Court by the impugned order rejected the application in view of the earlier decision of this Court and in view of the fact that no effort was made by the petitioners earlier to prove these affidavits. However, permission to prove an earlier judgment and decree was granted. Learned Counsel has argued that since the matter had been adjourned for cross-examination of the witness, no prejudice would be caused if the permission was granted.

(3.) Learned Counsel for the respondents has, however, argued that this application cannot be allowed since even during the evidence of the respondents these very photocopies of these very affidavits were put to the witness of the respondents and on an objection taken by learned Counsel for the respondents regarding their admissibility (being photocopies) the same were not allowed to be put to the said witness. Learned Counsel has argued that thus the petitioners knew at the very outset when they led their evidence that they would face this problem yet they did not move the application in the beginning but are moving it now at the fag end. Learned Counsel has further argued that in these circumstances it cannot be said that the discretion exercised by the learned trial court is vitiated with material irregularity and thus this Court would not interfere only because another view was possible.