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1980 Supreme(P&H) 356

SURINDER SINGH
Karti – Appellant
Versus
Rattia – Respondent


Judgment

1. The facts, in brief, are that during the pendency of the suit before the Subordinate Judge First Class, Karnal, the plaintiffs-respondents filed an application praying for permission to produce a certified copy of a mortgage deed from the office of the Sub-Registrar, Karnal, as the original mortgage deed is said to have been lost. The application for additional evidence was moved after the arguments had been addressed in the case and the case was fixed for pronouncement of orders. The trial Court by means of a detailed order, dated March 31, 1980, allowed this prayer, subject to the payment of Rs. 250/- as costs, as the prayer for additional evidence had been made at a late stage. The defendants-petitioners have come up in Revision against the aforesaid order.

2. Mr. K.S. Kundu, learned counsel for the petitioners has vehemently argued that there was no sufficient cause made out by the respondents so as to entitle them to the concession of additional evidence at such a late stage of the case. There is no gainsaying that the prayer for additional evidence was indeed made at a belated stage, but the law by now is well settled that not only additional evidence but even the


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