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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Ram Kumar (Since Deceased) Through His Lrs – Appellant
Versus
Ghisa Ram – Respondent
JUDGMENT :
Nidhi Gupta, J.
The present civil revision petition under Article 227 of the Constitution of India, has been filed by the plaintiff against the order dated 4.3.2025 passed by learned Additional Civil Judge (Senior Division), Mohindergarh; whereby the application filed by the petitioner for leading additional evidence, has been declined.
2. Learned counsel for the petitioner vehemently submits that the application of the petitioner has been wrongly rejected as the documents sought to be produced by the petitioner as additional evidence are necessary for the proper adjudication of the matter. It is submitted that the petitioner has clearly pleaded the facts in respect of the said documents in his plaint (Annexure P1). However, the said documents could not be tendered into evidence due to the inadvertent mistake of the previous counsel representing the petitioner before the learned trial Court; and the petitioner cannot be made to suffer for the same. Ld. counsel for the petitioner further refers to the judgment passed by the Hon'ble Supreme Court in K.K. Velusamy vs. N. Palanisamy, Law Finder Doc Id # 252620 wherein it has been held that Court can permit fresh evidence if evi
Timeliness is crucial in civil proceedings; allowing additional evidence at a late stage is impermissible if the evidence was known earlier.
The court ruled that a trial court must provide an opportunity for additional evidence when procedural errors deny a plaintiff a fair hearing, emphasizing the case's prolonged duration warrants exped....
The purpose of the court is to do complete justice between the parties and mere technicalities should not be a stumbling block in the cause of justice.
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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