SIMARJIT SINGH Vs. SARABJIT SINGH

JUDGEMENT

(1.) COUNSEL for the petitioners seeks only one opportunity to tender revenue papers in evidence by way of additional evidence which are already on record, stating that the same could not be produced earlier in their evidence though the same are necessary for adjudication of the matter wholesomely and effectively. Law cited by the lower court as Inder Singh Versus Smt. Sandokhi Devi : 2006(4) RCR (Civil) 729 (P&H) is not applicable to the facts of the case as in the present case, evidence in affirmative of the plaintiff was not closed by the court but was volitionally concluded by the plaintiff and later at the stage of production of rebuttal evidence, application for additional evidence was made which has been rejected.

(2.) NOTICE to the respondents is not being issued to avoid delay.

(3.) HON 'ble Supreme Court of India has gone to the extent of holding that adducing of additional evidence is permissible even when arguments had been advanced.