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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Lakshman Goel – Appellant
Versus
Chandergupt – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present revision petition is filed for setting aside order dated 28.04.2025 passed by Civil Judge (Jr. Division), Panipat, whereby, application filed by respondent for additional evidence was allowed.
2. The brief facts of the case are that petitioner filed civil suit for declaration to the effect that petitioner is lawful owners in possession of property mentioned in the civil suit. Respondents appeared and filed reply claiming their entitlement to the legacy of Dhanpat Ram, on the basis of Will dated 25.08.2009 alongwith other objections. Thereafter, issues were framed, evidence was led by the petitioner and closed vide order dated 07.05.2024. Thereafter, the case was fixed for evidence of respondents and respondents led evidence. Vide order dated 10.01.2025, the evidence of respondents was closed.
3. The respondents moved application under Section 151 CPC for permission to lead additional evidence by stating therein that when the counsel for respondents was going through the case file for preparing it for final arguments, then it transpired/revealed that the witnesses namely Dharampal Numberdar and Rampal Numberdar and scriber Sh. Tasbir Singh Kundu
A court may permit additional evidence to ensure fair adjudication if it is relevant, even after evidence closure, stressing the necessity to examine evidence related to a Will in contested property ....
The court affirmed that allowing additional evidence is within the inherent powers of the court under Section 151 of the CPC, provided it serves the ends of justice and is not actuated by malafide in....
The central legal point established in the judgment is the enabling power of the Appellate Court to allow additional evidence for any substantial cause and the need for such evidence to pronounce jud....
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