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2018 Supreme(P&H) 2088

KULDIP SINGH
Municipal Corporation Ludhiana – Appellant
Versus
Kanwaljit Singh – Respondent


Advocates:
For the Petitioner:Mr. H.P.S. Ghumman, Advocate.
For the Respondent:Mr. Namit Gautam, Advocate.

JUDGMENT

Mr. Kuldip Singh, J.: (Oral) - Impugned in the present revision is the order dated 6.8.2012, passed by learned Additional District Judge, Ludhiana, vide which, in rebuttal to the additional evidence, to be led by the defendants, affidavit of DW2 Kuljit Singh, DW3 Kanwaljit Singh and DW4 Surinder Sharma are ordered to be taken off the record.

2. It comes out that appeal is pending before learned District Judge against the judgment and decree of the trial Court. Suit of the plaintiff was dismissed. An application filed by the plaintiff for permission to lead additional evidence was allowed to the extent that Halqa Patwari was allowed to be examined to prove change of khasra numbers. Halqa Patwari was also to demarcate the land in dispute on the basis of the khasra numbers with the guidance of Halqa Kanungo as per instructions of the government. Plaintiff led said evidence and when the additional evidence was to be rebutted, defendants sought to be produced the affidavit of the said witnesses. The affidavits of DW2 and DW4 are on file. However, affidavit of DW3 is not on file. Affidavit of DW2 shows that Kuljit Singh, Junior Draftsman, Municipal Corporation Ludhiana was sought





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