RAGHBIR SINGH Vs. NACHHATAR KAUR

JUDGEMENT

(1.) RAGHBIR Singh has filed this revision petition against the order of Shri N.D. Bhatara, Chief Judicial Magistrate, Sangrur, dated 20th September, 1983, whereby he allowed the respondent to place on record two copies of the judgments to be read as part of evidence. Respondent had filed an application, against the petitioner, under Section 125 of the code of Criminal Procedure for maintenance. The evidence of the petitioner during those proceedings was closed by the order of the trial Court The petitioner went in revision against the order. The learned additional Sessions Judge, Sangrur vide his judgment dated 19th February, 1983, set aside the order of the trial Court and remanded the case to decide the same afresh after examining Man Singh R.W. During the proceedings on remand, respondent applied for the aforesaid copies to be placed on record. The learned Chief Judicial Magistrate came to a findings that both the judgments are necessary and essential for the just decision of the case. Consequently he allowed the same to be place on record.

(2.) I think that the Chief Judicial Magistrate had taken the right view. He was bound to allow the documents, if they were relevant and necessary for the just decision of the case, to be placed on the record. Support for this view can be sought from a Division Bench authority of this Court reported as Sukhdev Singh v. The State of Punjab, 1982 (2) Chandigarh Law Reporter - 318 wherein it had been held that the Court being of the opinion that production of additional evidence is essential to just decision of the case, it has unfettered discretion to such evidence at any stage. Consequently I find no force in this revision petition, which is hereby dismissed. Since the application for maintenance is pending since January, 1981 the trial Court is direct to dispose of the case expeditiously. Parties through their counsel are directed to appear before the trial Court on 23rd April, 1984.