STATE OF HIMACHAL PRADESH Vs. DHARAM PAL SINGH

JUDGEMENT

(1.) Heard. Challenge herein is to an order dated 9.12.2015 Annexure P-3 (colly) allowing thereby the respondent No. 1-plaintiff to produce in evidence the certified copy of registered sale deed and also spot inspection report allegedly prepared by one Shri R.P. Swami after conducting spot inspection on 17.4.2015. Respondent No. 1-plaintiff has also been permitted to examine said Shri R.P. Swami as witness in the suit.

(2.) The suit after the parties on both sides closed their evidence in affirmative was at the stage of recording the plaintiff s evidence in rebuttal. Instead of producing the evidence in rebuttal she has filed an application under Sec. 151 Civil Procedure Code with a prayer to allow her to lead additional evidence as aforesaid.

(3.) Application though was resisted and contested by the petitioner-defendant. However, the trial Court while arriving at a conclusion that the opportunity to produce the document and examine Shri R.K. Swami as witness is required to be given to respondent No. 1-plaintiff has allowed the application.