SUSHIL Vs. PRITHVI SINGH

JUDGEMENT

(1.) PETITIONERS have filed this revision petition against respondents under Article 227 of Constitution of India, praying for setting aside the order dated 08.07.2014 passed by learned Addl. District Judge, Hisar, whereby the application filed by respondents/plaintiffs under Order 41 Rule 27 CPC for leading additional evidence has been allowed.

(2.) I have gone through the record and have heard learned counsel for the petitioner.

(3.) FIRST of all, documents relating to revenue record are public documents and these cannot be doubted that these are fabricated by the plaintiffs. Otherwise also, the presumption of truth attaches to jamabandi and these are per se admissible documents. Furthermore, proof of fact that statements and order of C.O. Hisar are not available, in no way, will cause any prejudice to the present petitioners. Moreover, learned Addl. District Judge, Hisar has specifically stated that allowing the additional evidence, in no way, amounts to filling up of lacuna as the case was not dismissed on the ground that plaintiffs could not produce these documents. Further, it is also the finding by learned Addl. District Judge, Hisar that these documents are essential for just and proper decision of the case. The Court has also taken note of the delay and allowed this application subject to payment of Rs. 5000/ - as costs. In no way, the impugned order can be held against the law or illegal.