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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Santokh Singh – Appellant
Versus
Tarsem Singh – Respondent
| Table of Content |
|---|
| 1. factual context of the case is established. (Para 1 , 2) |
| 2. petitioner's claim regarding additional evidence delay. (Para 3 , 4) |
| 3. details of the civil suit and issues framed. (Para 6 , 7 , 8) |
| 4. legal principles on additional evidence and timeliness. (Para 9 , 10 , 11) |
| 5. court's ruling and set aside order. (Para 12) |
| 6. conclusion on pending applications. (Para 13) |
JUDGMENT :
NIDHI GUPTA, J.
1. The present Civil Revision Petition has been filed by the plaintiff under Article 227 of the Constitution of India, for setting aside order dated 19.07.2018 (Annexure P-5) passed by the learned Civil Judge (Junior Division), Hoshiarpur, whereby the application dated NIL (Annexure P-3) filed by respondent No. 1/defendant for leading additional evidence in Civil Suit No. 936 of 2014, titled as ‘Santokh Singh vs. Tarsem & others’, was allowed
2. At the very outset, it may be pointed out that notice in the present case was issued by a co-ordinate Bench vide order dated 17.09.2018 and learned trial Court was directed ‘to adjourn the case beyond the date given by this Court’. Respondents No. 1, 3 and 10 had first put in appearance on 30.01.2020. On said date, upon the statement of lear
Timeliness is crucial in civil proceedings; allowing additional evidence at a late stage is impermissible if the evidence was known earlier.
The court emphasized that additional evidence may only be permitted under exceptional circumstances, not as a routine, and evaluated the impact of delay on justice delivery.
The admission of additional evidence in appellate proceedings requires a clear necessity to support the main issues at hand, as per Order 41 Rule 27 CPC.
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