RAM LAL Vs. CHARAN KAUR

JUDGEMENT

(1.) THIS revision is directed against the order dated 12.11.1994 of the trial Court whereby an application filed by the defendant-respondents for leading additional evidence was allowed subject to payment of costs. Aggrieved by the said order, the plaintiff-petitioner filed this revision which was admitted and proceedings in application under Order 9 Rule 13 of the Code of Civil Procedure were stayed. Learned counsel for the petitioner submitted that the conclusion of the trial Court as arrived at in Para 5 of the order that the death certificate is per se admissible, is incorrect and contrary to law. He further submitted that the defendants are required to prove the death certificate by producing evidence in that behalf and it is thereafter that the plaintiff-petitioner is entitled to lead rebuttal evidence as the death certificate has been permitted to be produced only by way of additional evidence.

(2.) LEARNED counsel for the respondents on the other hand, conceded that the death certificate permitted to be produced by way of additional evidence is not per se admissible and the same will be proved in accordance with law.