JAGJIT SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) By invoking Article 227 of the Constitution of India, the present petition directs challenge against order dated 11.7.2016 (Annexure P-1) passed by the Civil Judge (Junior Division), Ludhiana.

(2.) The petitioner has filed a suit for possession by way of specific performance of agreement to sell dated 15.11.2004 in respect of house measuring 1200 square yards, detailed in head note of the plaint with a consequential relief of permanent injunction. The petitioner/plaintiff filed the instant application under Section 151 of the Code of Civil Procedure (in short "CPC") for permission to adduce additional evidence for examining official witnesses, detailed in sub paras 1 to 3 of para 2 of the application (Annexure P-2) with the averments that evidence of the witnesses is very material, goes to root of the case and could not be produced at the stage of adducing evidence despite due diligence. It is argued that the learned trial court without adverting to any of the submissions made in writing and placed on record on pages 38 to 56 has dismissed the application by confusing the matter as if the petitioner wanted to adduce evidence qua additional issues No. 2 to 5 whereas onus to prove issue No. 2 was laid upon the petitioner. It is further submitted that additional evidence can be allowed at any stage of the proceedings as the procedural law is subservient to administration of substantial justice. It is further argued that in case, the petitioner is allowed to examine the witnesses by way of additional evidence, no prejudice would be caused to the respondent who would get an opportunity to cross examine the witnesses besides right to lead evidence in rebuttal. The last submission made by counsel is that the impugned order may be set aside and the matter be remitted to the trial court for decision of the application afresh after addressing to the various factual and legal contentions raised in the written submissions.

(3.) I have heard counsel for the petitioner, perused the paper book particularly the order impugned.