A.N. JINDAL, J.

This petition has arisen out of the order dated 3rd February, 2010 passed by the Civil Judge (Senior Division), Kurukshetra, declining the application of the plaintiff for leading the following additional evidence, which the petitioner/plaintiff wanted to summon from the Punjab National Bank Shahabad Markanda.

(a) register of issuing the cheque nos. from 808851 to 808900, 808901 to 808950 issued on 3.2.1996, 8085001 to 805050 issued on 22.8.2005; 176101-176150 issued on 6.4.1995; 176151-176200; 228070-228090; 801400-801500; Cheque Nos. 228065 to 228085; 805030 to 805050; 808856 to 808870; 176140 to 176150; 208070 to 208090 issued to M/s Markanda Sugar Traders, Current A/c no. 2533, M/s Saraswati Sugar Co. 2579 and M/s S.S. Enterprises Current A/c no. 2534 and the register by which the abovesaid cheque books were received by the parties.

(b) Requisition/authorization slip on the basis of which Shri Mohan Lal received the cheque book containing cheque nos. 805001-805050 on 22.8.1995 and cheque nos. 808901-808950, 808851-808900; both on 3.2.1996 with original signature slip;

(c ) cheque return register for the year 1994-95, 1995-96;

(d) Original cheques alongwith vouchers bearing nos. 805001-805050, 808851-808900, 808901-808950, encashed between the period 1995-98 specially cheque nos. 805038, 805039 and 805040 with statement of accounts register;

(e) Record relating to dishonour of cheque nos. 808860 and 808863 in the month of February/March, 1996; 805043, 805040, 805041 on 9.2.1996; cheque no. 176130 on 30.1.1996 and cheque no. 801450 on 15.2.1996 issued by Sushil Kumar alias Ashok Kumar.

The plaintiff also wanted to examine the concerned official of the Co-operative Bank Shahabad with the following record:-

“ii. Concerned official of Co-operative Bank Shahabad (M) with original record of cheque dishonour register, cheque collection register of the period April, 1995 to December, 1996 with total record of cheques given in the account of Shahabad Sugar Mill for encashment and which subsequently dishonoured especially the record of cheque nos. 808862, 808861, 808863, 808856 to 808859 for the account of Saraswati Sugar Company and cheque nos. 805046, 805047, 805040, 804041, 805043 from account of Markanda Sugar Traders handed over to Co-operative Bank between the period March 1996 to April 1996 and register where said cheques were found to be mentioned.”

He also wanted to examine the following court record:-

“iii. Concerned copyist of record room, learned District and Sessions Judge, Kurukshetra for proving the certified copies of statements and exhibits attached with the present application. iv. Civil Ahlmad of the court of Shri S.S.Singh Dahiya, the then Addl. District Judge (FTC), Kurukshetra alongwith case file Saraswati Sugar Traders Vs. Shahabad Sugar Mills etc. from where certified copies have been obtained.”

It is urged that earlier the petitioner had no knowledge about documents, including issuance of cheques and it was not also in his knowledge that Madan Lal had received the cheque book on behalf of Sushil Kumar-defendant No.2. Therefore, evidence is sought to be produced to expose the clear picture, which is essential for just disposal of the case. No prejudice would be caused to the defendants, therefore, it would be expedient in the interest of justice allow the petitioner to produce the aforesaid documents by way of additional evidence.

The respondents, in their reply, have admitted that the aforesaid documents came to light when the case was pending for cross-examination of DW4-Sushil Kumar but it was submitted that the petitioner had also moved an application for summoning the witness in rebuttal and the said application was accepted, but in revision, this Court had set aside the order and it was observed that it was a case of additional evidence on issue No.1 and not case of rebuttal evidence. However, it was contended that the present application for leading additional evidence would have no rele