MOHINDER SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties and on going through the record, I am of the view that the order under revision whereby application of the petitioner to lead additional evidence has been dismissed, deserves to be set aside. By way of additional evidence, petitioner wanted to produce the record of the Consolidation Department i.e. Khatauni Istamal, Naksha Haqdarwar Khatauni Paimash and mutation of partition to connect the suit land with the land allotted. I am of the view that documents are necessary to do justice between the parties and no prejudice is going to be caused to the respondent as he would be given opportunity to lead evidence in rebuttal.

(2.) ACCORDINGLY , this Civil Revision is allowed and the order under revision is set aside. Trial Court shall permit the petitioner to place on record the documents sought to be produced as additional evidence on payment of Rs. 1000/- as costs. Parties through their counsel are directed to appear before the trial Court on 10.4.97.