Punjab-Haryana High Court
Ganga & Another vs Haryana Urban Development Authority & ... on 8 August, 2013
Author: Rajan Gupta
Bench: Rajan Gupta
CR-4731 of 2013 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Civil Revision No.4731 of 2013
Date of decision: 8.8.2013
Ganga & another ...Petitioners
Versus
Haryana Urban Development Authority & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.S. Mamli, Advocate for the petitioners. Rajan Gupta, J. (oral)
Present revision petition is directed against the order dated 11.7.2013, passed by Civil Judge (Junior Division), Karnal whereby application for leading additional evidence has been dismissed.
Mr. Mamli, learned counsel for the petitioner has assailed the order. He submits that additional evidence is necessary for just decision of the case. According to him, impugned order is wholly erroneous.
I have heard learned counsel for the petitioners and given careful thought to the facts of the case.
It appears, a suit was filed by the plaintiffs Ganga Devi and Inderjeet seeking injunction that defendants be restrained from demolishing the construction raised by them. During the pendency of the revision petition, a local commissioner was appointed on their application. He submitted his report pursuant to order dated 5.2.2011. As the suit neared its culmination, instant application was moved for leading additional evidence of the local commissioner. Plea has been CR-4731 of 2013 2 rejected by the court below observing that plaintiffs had not been able to show that evidence was not in their knowledge earlier or could not be led despite due diligence. I find no legal infirmity with the order. There is no scope for interference in revisional jurisdiction of this court.
Dismissed.
(RAJAN GUPTA) JUDGE 8.8.2013 'rajpal'