- (1.) Gram Panchayat Village Maruli Brahmana-petitioner/defendant has filed this civil revision petition against Shri Layalpur Sanatan Dharam High School Bassi Daulat Khan-respondent/plaintiff under Article 227 of the Constitution of India for setting aside the order dated 1.9.2014 (Annexure-P.1) passed by the learned Civil Judge (Junior Division), Hoshiarpur, vide which the plaintiff/respondent has been allowed to lead additional evidence of one Rapat No.192 dated 24.2.1983 despite the sole ground of the plaintiff that he was having no prior knowledge about said document being negated by his own replication to the written statement and the said ground being also rejected by the learned Civil Judge (Junior Division) in the impugned order, is illegal against law and deserves to be set aside, as the plaintiff-respondent cannot be allowed to actively conceal material facts from the Court or to fill-up the lacuna.
(2.) At the time of arguments, learned counsel for the petitioner argued that when the additional evidence, which the plaintiff wanted to produce in the Court, was in his knowledge and with due diligence he could produce the same and the application vide which the additional evidence has been allowed, it amounts to filling-up the lacuna. I have heard learned counsel for the petitioner and have gone through the record.
(3.) From the record, I find that Shri Layalpur Sanatan Dharam High School-plaintiff filed a suit against Gram Panchayat Village Maruli Brahmana-defendant for permanent injunction restraining the defendant from interfering into the peaceful possession of the plaintiff in the land measuring 63 Kanals 11 Marlas. An application was filed under Section 151 C.P.C. by the plaintiff on the ground that in the present suit the plaintiff is in possession of the suit land being used by the plaintiff school, as the play ground of the children, the possession was delivered to Sanatan Dharam Pratinidhi Sabha, as per the order of this Court passed in RSA No.1296 of 1971 of 13.1.1982. As per the Rapat No.192 of 24.2.1983, the possession of the suit property was delivered to the Sanatan Dharam Sabha, in consequence of this Rapat and an entry of this Rapat was also made in the 'Farad' Jamabandi for the year 1981-82. The plaintiff was earlier not having the knowledge of the said Rapat and immediately after coming into knowledge of the same, the plaintiff moved the application to lead the evidence with respect to said Rapat in his rebuttal, the said application was dismissed. The said Rapat Roznamcha is a material evidence, hence the present application was filed.;