Rajiv Narain Raina, J. - (1.) THE challenge in this petition is to an order declining an application under Section 151 CPC for leading additional evidence in a shape of certificate of registration of partnership issued by the Registrar of Firms and Societies in favour of the plaintiff.
(2.) WHEN the plaintiff was in the witness box, he had produced a document thinking that it was a certificate issued by the Registrar of Firms and Societies but it transpired that the document was a certificate issued by the Small Scale Industries Department, Haryana, where it was recorded that the firm is a registered partnership firm. On realizing the mistake, an application was moved before the trial Court for additional evidence to produce the certificate which is a public document of which a judicial notice can also be taken by Court. The necessity of the registration certificate is to meet the bar of Section 69 of the Partnership Act, 1932. In case document is not permitted to be placed on record, the petitioner will suffer perjury and his suit will be taken to be barred by law. A public document can be accepted without formal proof under Section 74(2) of the Evidence Act. The trial Court, therefore, erred in rejecting the application for the reason that the petitioner should not be allowed to fill the lacuna. It may be remembered that all lacuna are not abhorrent to the law. Some lacuna are allowed to be filled just as in this case when the lacuna is being filled by a public document which can take judicial notice. No notice is required to be issued to the opposite party to hear the impugned admission which is relevant in support of maintainability of the suit.
(3.) IN the circumstances, I am of the view that there is an error in the impugned order which calls for interference by this Court at the threshold. Resultantly, the petition is allowed, the impugned order is set aside. Consequently, second application for rebuttal evidence which was also declined, is set aside. The petitioner would be allowed to exhibit the certificate of registration provided it is duly certified and has come from lawful custody.;