JASWANT SINGH Vs. SHISH PAL

JUDGEMENT

(1.) THIS petition has been directed against the order dated 26. 2. 1997 passed by the Additional Civil Judge (SD) Sunam. By this order the learned Additional Civil Judge has dismissed the application filed by the plaintiff/petitioner under Order 18 Rule 17-A CPC for additional evidence. It may be relevant to note here that the additional evidence sought to be produced by the plaintiff is by way of examination of document expert with regard to the affidavit dated 14. 5. 1994 which has been proved and exhibited as Ex. D-5 on 17. 4. 1996.

(2.) MR . Puri, the learned counsel appearing on behalf of the respondents submits that the execution of affidavit dated 14. 5. 1994 which bears the thumb impression of the petitioner/plaintiff and his father Sadhu Singh was pleaded in the written statement which was filed on 16. 1. 1995. He, therefore, contends that since the plaintiff was having complete knowledge about the aforesaid affidavit when he had examined his evidence, he cannot be permitted now to examine any witness by way of additional evidence. He further, submits that in rebuttal the plaintiff/petitioner cannot be permitted to examine any witness in support of an issue, the burden of which lies on the defendant. In support of his submissions, the learned counsel has placed reliance on a judgment of this court in Joginder Singh v. Baru Mal, 1990 (2) S. L. J. 775.

(3.) IN view of the above discussion, the petition is allowed and the impugned order dated 26. 2. 1997 is set aside. It is, however, made clear that the petitioner/plaintiff will be given only one opportunity to examine the document expert at his own risk and beyond this one opportunity, no further opportunity will be given to the petitioner for this purpose. It is also made clear that the respondents shall also be given only one opportunity to examine their document expert at their own risk. With this order the petition stands disposed of.