PRITHI Vs. BALWANT SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order passed by the learned Civil Judge (Junior Division), Ambala dated 13.10.1998. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioners for permission to lead additional evidence.

(2.) The gist of the controversy can, briefly, be stated that the petitioners had closed the evidence in February, 1998. Thereafter, the demarcation report dated 27.8.1998 of the abadi deh of village Sain Majra had come into being and the petitioners wanted to produce the said report. The learned trial Court dismissed the application holding that in the statement of the Sarpanch, it has not been mentioned that the Gram Panchayat had applied for demarcation and that in this process, the petitioners are trying to create evidence, but during the course of arguments the respondent's learned counsel has contended that the said report is not relevant and in any case, it is a procured document. During the pendency of the trial, it had been prepared at the back of the respondent.

(3.) At this stage, this Court will not express any opinion about the correctness and validity of the said demarcation report. It is entirely for the trial Court to consider the said fact at the appropriate time.