Punjab-Haryana High Court
Jagdish Chander And Another vs Om Piari And Others on 13 October, 2011
Author: A.N. Jindal
Bench: A.N. Jindal
Civil Revision No. 6244 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Civil Revision No. 6244 of 2011 (O&M)
Date of decision:- 13.10.2011
Jagdish Chander and another
....Petitioners
Vs.
Om Piari and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
******
Present:- Mr. Sudeep Mahajan, Advocate,
for the petitioners.
A.N. JINDAL, J (ORAL)
This petition assails the order dated 06.09.2011 passed by the Civil Judge (Junior Division), Gurdaspur, whereby the evidence of the plaintiffs-petitioners (hereinafter referred as 'the petitioners') was closed by order.
The petitioners have challenged the impugned order for refusing them to tender the copy of Jamabandi for the year 2001-02 on the ground that the said copy of Jamabandi had already been placed on record and the fact of which finds mentioned in the order dated 18.05.2006 passed by the then Civil Judge (Junior Division), Gurdaspur, but the same has been misplaced.
The document, sought to be tendered is a public document i.e. copy of revenue record, which cannot be created or manipulated later on. The whole thing appears to have been Civil Revision No. 6244 of 2011 (O&M) 2 emerged on account of misplacing of the said document. Bare perusal of the order dated 18.05.2006 as well as the statement made by Jagdish Chander by way of affidavit, indicate that the copy of Jamabandi for the year 2001-02 (Ex.P5) was there on the record at one stage of time.
Thus, without indulging into further controversy, as to if the said document is lost or misplaced or that has been stolen by any of the parties, I leave this upon the District Judge, Gurdaspur, to find out the same and fix the responsibility. However, it would be expedient in the interest of justice and for expeditious disposal of the case to permit the petitioners to tender copy of Jamabandi for the year 2001-02 in evidence afresh.
Resultantly, this petition is accepted, the impugned order is set aside and the petitioners are allowed to tender copy of the Jamabandi for the year 2001-02 in their evidence.
This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order.
(A.N.JINDAL)
October 13, 2011 JUDGE
ajp