AMARJIT SINGH Vs. RACHHPAL SINGH AND ANOTHER

JUDGEMENT

(1.) Challenge in this civil revision petition is to the order dated 25.07.2013 (Annexure P-1) passed by ld. Additional Civil Judge (Senior Division), Fatehgarh Sahib whereby an application filed by the petitioner seeking permission to lead additional evidence by way of producing on record affidavit dated 04.05.2005 executed by plaintiff-petitioner and proving the same by examining Amrik Singh, Lambardar has been dismissed.

(2.) While assailing the impugned order dated 25.07.2013, it has been contended by learned counsel for the petitioner that the same is absolutely against the settled canons of law. The ld. trial court has failed to appreciate the fact that the entire case of the petitioner is based upon the fact that whether the petitioner was ready to perform his part of contract or not. In order to prove the said fact, the petitioner has led his evidence, but inadvertently, due to the lapse on the part of the counsel appearing on behalf of the petitioner before the trial court, the said affidavit could not be produced on record earlier. Otherwise also, the petitioner is not going to be benefitted by withholding such a material piece of evidence, and it was only due to the above referred mistake of the counsel, the petitioner could not produce the said affidavit and examine the witnesses to prove it. Moreover, the other party can be compensated by way of cost. Such a request of the petitioner/plaintiff can be taken into consideration while exercising the inherent power under Sec. 151 CPC.

(3.) He further contends that the procedure is the hand-made justice, meant to advance the cause than to thwart the same. The procedural wrangles cannot be allowed to stay in the way of grant of substantial justice. In support of his submission, he has relied upon the following judgments:-