MOHINDER SINGH Vs. SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 12/3/2019 vide which the application filed by the petitioner for leading additional evidence has been dismissed.

(2.) The brief facts relevant to the present lis are that in a petition filed by the petitioner herein under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908, after the closing of evidence of both the parties and at the stage of rebuttal evidence, an application was filed for leading additional evidence. The same was dismissed vide the impugned order dtd. 12/3/2019. Hence, the present revision petition.

(3.) Learned counsel for the petitioner has relied upon judgments of this Court in the cases of Hans Raj vs. Surinder Kaur & Ors. [2010 (44) RCR (Civil) 782] and Gurbaj Singh vs. Shameer Singh & Ors. [2017 (1) PLR 632] to contend that additional evidence can also be led at the stage of rebuttal evidence and arguments and mere delay or some lapse on the part of a party or his counsel is not sufficient for rejecting the application for leading additional evidence.