JASBIR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) LEARNED counsel for the petitioner has stated that there are issues No. 5 to 9, framed by the trial court, the onus of which is upon the defendants and the petitioner had a right to lead evidence in rebuttal and he was also provided opportunity to lead evidence in rebuttal but for a negligible time. He has urged that the defendants' evidence was closed on 18.12.2012 and the case was adjourned for 20.12.2012 for rebuttal evidence. On that day, his evidence in rebuttal was closed without passing any specific order. However, the Court while passing the order dated 20.12.2012, returned the documents as tendered by him by way of affidavit of Jasbir Singh by way of examination -in -chief. The documents which he had produced in the statement of Jasbir Singh are as under: -

(2.) THE petitioner has also challenged the said order returning the documents on the ground that, vide impugned order, the trial court did not disclose the reasons for returning the said documents. However, it appears that some of the documents were returned for want of mode of proof or their relevancy to the issues, but the order appears to be perverse and non speaking.

(3.) LEARNED counsel has stated that immediately after the case was adjourned from 18.12.2012 to 20.12.2012, the petitioner had tendered aforesaid documents on 19.12.2012 alongwith diet money to prove these documents. He has further stated that if some reasonable time is given to him, he will prove all the documents, which are required to be proved on record and would also withhold such documents which are not relevant to be produced in rebuttal on the issues.