RAM KUMAR Vs. GHISA RAM

JUDGEMENT

(1.) The present civil revision petition under Article 227 of the Constitution of India, has been filed by the plaintiff against the order dtd. 4/3/2025 passed by learned Additional Civil Judge (Senior Division), Mohindergarh; whereby the application filed by the petitioner for leading additional evidence, has been declined.

(2.) Learned counsel for the petitioner vehemently submits that the application of the petitioner has been wrongly rejected as the documents sought to be produced by the petitioner as additional evidence are necessary for the proper adjudication of the matter. It is submitted that the petitioner has clearly pleaded the facts in respect of the said documents in his plaint (Annexure P1). However, the said documents could not be tendered into evidence due to the inadvertent mistake of the previous counsel representing the petitioner before the learned trial Court; and the petitioner cannot be made to suffer for the same. Ld. counsel for the petitioner further refers to the judgment passed by the Hon'ble Supreme Court in K.K. Velusamy vs. N. Palanisamy, Law Finder Doc Id # 252620 wherein it has been held that Court can permit fresh evidence if evidence was relevant to render justice and its non-production earlier was for valid reasons. It is accordingly prayed that the impugned order be set aside.

(3.) Heard.