LAWS(P&H)-1998-1-56

KUNDAN LAL Vs. LILU

Decided On January 23, 1998
KUNDAN LAL Appellant
V/S
LILU Respondents

JUDGEMENT

(1.) THIS revision is directed against the order dated 8.6.1995 of the trial Court whereby an application moved by the defendants for leading additional evidence was dismissed.

(2.) PLAINTIFF closed his evidence on 17.11.1994 and the defendants closed their evidence on 22.5.1995 after making statement. However, three days later, defendants moved an application under Order 18 Rule 17-A of the Code of Civil Procedure seeking permission to lead additional evidence. It was averred in the application that a scheme of consolidation has already been produced on record but the same could not be got exhibited due to inadvertence. The defendants also wanted to produce a copy of "sazra nasab."

(3.) LEARNED counsel for the petitioner submitted that a copy of scheme of consolidation is already available on the record and the same is per se admissible in evidence, being a certified copy of a public document and the petitioner who could not get that document exhibited due to inadvertence ought to have been permitted to adduce additional evidence in that behalf. Learned counsel also submitted that the petitioner may also be permitted to produce certified copy of 'sazra nasab' (pedigree table) relating to the family of the parties. Learned counsel also submitted that certified copy of the 'sazra Nasab' is also per se admissible in evidence, being a copy of public record.