HARISH SINGH BHALLA Vs. DAYAL SINGH

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 18/11/2025 (Annexure P-3), passed by the learned Civil Judge (Senior Division), Khadoor Sahib, whereby the application filed by the plaintiff for summoning official witnesses along with the relevant revenue record has been dismissed.

(2.) Brief facts of the case are that the petitioner/plaintiff filed a civil suit seeking a declaration of ownership with respect to the suit property. During the course of plaintiff's evidence, after examining himself as PW-1 and another witness as PW-2, the plaintiff moved an application for summoning official witnesses along with the relevant revenue record. The learned Trial Court, however, dismissed the application vide order dtd. 18/11/2025 on the grounds that the plaintiff had failed to furnish the witness list within the time prescribed and had already availed 15 opportunities. Aggrieved thereby, the present revision petition has been filed.

(3.) Learned counsel for the petitioner submits that the impugned order is wholly illegal and unsustainable, as the evidence sought to be produced is material and indispensable for the effective adjudication of the issues involved in the suit. It is urged that the relevant revenue record is essential for proper determination of the petitioner's claim for declaration of ownership. It is further contended that the plaintiff's evidence has not yet been closed, and the matter continues adjourned for the petitioner's evidence; therefore, denial of permission to summon the requisite record results in grave prejudice to the petitioner.