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Punjab-Haryana High Court

Sukhdev Singh vs Sarbarinder Singh And Others on 16 November, 2011

Author: A.N. Jindal

Bench: A.N. Jindal

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


Civil Revision No. 6877 of 2011

Date of decision: November 16, 2011

Sukhdev Singh
                                                          .. Petitioner

                        Vs.
Sarbarinder Singh and others
                                                          .. Respondents

Coram:      Hon'ble Mr. Justice A.N. Jindal

Present:    Mr. Premjit Kalia, Advocate for the petitioner.
            Ms. Ganganpreet Kaur, Advocate for
            Mr. B.R. Mahajan, Advocate for the respondents No.1 and 2.

A.N. Jindal, J (Oral)

The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the orders dated 9.9.2011 (Annexure P3) and 28.9.2011 (Annexure P4) passed by the trial court.

The petitioner- plaintiff at the stage of rebuttal evidence wants to tender certain documents i.e. copy of jamabandi for the year 1961-62, copy of Ishtemal; copy of khatauni Pamiesh, copy of Naksha Hakdarwar, copy of mutation NO.685, copy of jamabandi for the year 1954-55 and copy of sijra nisab. All the aforesaid documents being the public documents cannot be manipulated or fabricated and the defendants could be granted opportunity to rebut these documents.

Resultantly, this revision petition is allowed, impugned orders are set aside and the petitioner is permitted to produce the aforesaid documents by way of additional evidence. However, the defendants would be at liberty to lead evidence in rebuttal to these documents.

November 16, 2011                                         (A.N. Jindal)
deepak                                                          Judge