IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMARINDER SINGH GREWAL
Harish Singh Bhalla – Appellant
Versus
Dayal Singh – Respondent
| Table of Content |
|---|
| 1. rejection of witness summoning request (Para 1 , 2) |
| 2. arguments for need of revenue records (Para 3) |
| 3. court's assessment of procedural justice (Para 4 , 5) |
| 4. order permitting evidence and costs (Para 7 , 8 , 9 , 10) |
JUDGMENT :
AMARINDER SINGH GREWAL, J.
1. The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 18.11.2025 (Annexure P-3), passed by the learned Civil Judge (Senior Division), Khadoor Sahib, whereby the application filed by the plaintiff for summoning official witnesses along with the relevant revenue record has been dismissed.
2. Brief facts of the case are that the petitioner/plaintiff filed a civil suit seeking a declaration of ownership with respect to the suit property. During the course of plaintiff’s evidence, after examining himself as PW-1 and another witness as PW-2, the plaintiff moved an application for summoning official witnesses along with the relevant revenue record. The learned Trial Court, however, dismissed the application vide order dated 18.11.2025 on the grounds that the plaintiff had failed to furnish the witness list within the time prescribed a
Procedural rules serve to advance justice, and denial of evidence crucial for adjudication violates the fair opportunity afforded to parties in a civil suit.
The admissibility of evidence is based on the relevance to the facts in issue or the relevant facts, as per the Indian Evidence Act.
Belated applications to reopen a suit for additional evidence must demonstrate sufficient grounds; otherwise, they impede timely proceedings and may jeopardize the fairness of the trial.
The main legal point established in the judgment is that oral evidence should not be struck off at the initial stage and should be considered on merits at the time of final hearing, in accordance wit....
The court emphasized the importance of substantial justice over hypertechnical and narrow procedural rules, and highlighted the admissibility of public documents like jamabandies and mutations.
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