Punjab-Haryana High Court
Arjan Singh vs Jagdish Kaur And Anr. on 21 November, 1989
Equivalent citations: (1990)98PLR319
JUDGMENT J.V. Gupta, J.
1. This revision petition is directed against the order of the trial Court dated July 29, 1989, whereby the application under Order XVIII Rule 17-A, Code of Civil Procedure, (hereinafter called the Code), for permission to tender the revenue record in evidence was dismissed.
2. The plaintiff moved the application that inadvertently, the revenue record, the copy of which has already been placed on the record, was not tendered though the evidence was closed by making a statement. Thus, he wanted to produce the said document in evidence which was already on the record The trial Court took the view that since the evidence was closed by the plaintiff by making a statement on September 29, 1988, he was not entitled to tender the said evidence already produced in evidence.
3. After hearing the learned counsel, I am of the view that the whole approach of the trial Court was wrong and illegal and is has acted Illegally and with material irregularity in the exercise of its jurisdiction. The revenue record was already produced on the record, but inadvertently, it could not be tendered in evidence. That being so, it was a fit case where the same should have been allowed to be produced in evidence.
4. Consequently, this petition succeeds and is allowed. The impugned order is set aside and the application under Order XVIII Rule 17-A of the Code, for tendering the revenue record, already produced on the record, in evidence is allowed. Since further proceedings were stayed by this Court at the time of the motion hearing, the parties are directed to appear in the trial Court on December 22, 1989.