P.S. Patwalia, J. - (1.) The present revision petition is directed against the order dated 1.9.2005. passed by the learned Civil Judge (Jr. Division), Chandigarh whereby an application filed under Order 18 Rule 2 read with Section 151 of the Civil Procedure Code for leading rebuttal evidence filed by petitioner Punjab State Industrial Development Corporation Ltd. (hereinafter to be referred as, 'PSIDC') was dismissed. The application was filed in proceedings pending for making an award in favour of the respondent a rule of the Court under the Arbitration Act, 1940.
(2.) Learned counsel for the petitioner contends that it is very important for the petitioner (PSIDC) to controvert a statement made by Mr. R.P. Mittal RW-1 regarding the litigation pending in the Hon'ble Delhi High Court. He submits that even if he has no right to lead evidence in rebuttal but he can lead evidence to rebut a wrong stand taken by the respondent. He further states that all that he seeks is permission to place on record a copy of order made by the Delhi High Court in regard to interim stay made in Original Suit No. 1545 of 1982 then pending in the Delhi High Court. Mr. Chetan Mittal, learned counsel for the respondents submits that he would have no objection if the aforementioned order is allowed to be produced on record subject to it being clarified here that his client would be at liberty to argue about the effect and impact of the said order on the award of the Arbitrator and also the stage at which the said order was produced before the Court.
(3.) In view of the respective stand taken by the learned counsel, I am of the opinion that the order of the trial Court rejecting the application is liable to be set aside with liberty to the petitioner to produce the aforesaid stay order on the next effective opportunity to be granted by the trial Court subject to the rights of the respondent as stated hereinabove.;