BHUPINDER Vs. HIMACHAL ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) IN this petition filed under Section 115 of the Civil Procedure Code, petitioners, who were respondents before the Lower Appellate Court, have assailed order dated 07.01.2013 passed by the Court of Additional District Judge, Fast Track Court, Solan, allowing the application filed by Himachal Road Transport Corporation (in short HRTC), respondent herein (appellant before the Court below), for leading additional evidence under the provisions of Order 41 Rule 27 CPC.

(2.) ACCORDING to the petitioners herein, they are owners in possession of the suit land, whereas respondent HRTC, a public sector undertaking claims to be owner thereof. During the pendency of proceedings before the Court below, HRTC filed an application for placing on record certified copy of order dated 17.08.2009, passed by the Divisional Commissioner, Shimla in Revenue Appeal No. 187/2002 dated 03.09.2002. Evidently at the time when evidence was led by the parties before the trial Court, this order dated 17.08.2009 was not in existence. It is no doubt true that HRTC did obtain copy of this order in the year 2009 itself and did not place it on record, but significantly, this order passed by Divisional Commissioner, Shimla Division, which has attained finality, records following facts:-

(3.) WITH regard to exercise of due diligence on its part, respondent has explained that officials dealing with the case file kept on changing frequently and as such, action of placing on record the order could not be taken, which explanation in the given facts, is acceptable. After all, title of land allegedly belonging to the respondent herein, is claimed by the petitioners herein. The matter can be examined from another angle. Allowing the application, in no manner prejudices the petitioners herein.