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2026 Supreme(Online)(HP) 2179
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Romesh Verma, J
Khem Singh – Appellant
Versus
Dila Ram – Respondent
CMPMO No. 56 of 2026
Important Points
Subject
Civil Law - Procedural Law
Act Referred
Specific Relief Act: S.5, S.34, S.38
H.P. Tenancy and Land Reforms Act: S.104
Headnote
(B) Evidence - Public Documents - Certified copies of Jamabandi and mutations - Documents available in public records cannot be claimed as unknown to the party to justify delayed production. (Para 15)
Issues: Whether the application to produce documents after the closure of evidence and at the stage of final arguments could be allowed in the absence of due diligence.
Key Points: - The suit was filed in 2015 and defendant’s evidence concluded in 2025; application to admit Jamabandi and mutation copies filed 15.12.2025 (!) . - Trial Court held the application belated, failing to show due diligence; dismissed on 07.01.2026 (!) . - High Court upheld the dismissal, stating absence of due diligence and that the case was fixed for final arguments; rejected relief to permit additional evidence (!) (!) . - Documents sought are certified copies of Jamabandi and mutations, public documents; question of admissibility considered in belated context (!) . - Court emphasized not permitting prolongation of litigation when case is at final arguments stage (!) . - Judgment concludes the petition is devoid of merit and dismisses it; all pending miscellaneous applications disposed off (!) (!) . - Appeal/judgment framed by Judge Romesh Verma; references to orders and evidence timings (!) (!) .
What is the due diligence standard for filing an application to admissibly place on record certified copies of Jamabandi and mutation orders under Order 8 Rule 1-A CPC?
What are the consequences of belatedly filed applications to admit additional evidence when final arguments are already fixed?
What is the court’s conclusion regarding the maintainability and propriety of allowing belated documentary evidence at the final stage of a suit for declaration and injunction?
For the Appellants/Petitioners: Vikrant Chandel
For the Respondents: Yug Singhal
| Table of Content |
|---|
| 1. procedural history of the suit and the belated application to produce revenue records. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. competing arguments regarding the admissibility of public documents versus the delay in filing. (Para 10) |
| 3. evaluation of due diligence and accessibility of public documents. (Para 12 , 13 , 14 , 15 , 16) |
| 4. rejection of belated applications to prevent unnecessary prolongation of litigation. (Para 17 , 18 , 19) |
Romesh Verma , Judge (oral)
The present petition arises out of the order passed by
the learned Senior Civil Judge, Court No.1, Mandi, H.P. dated 07.01.2026, whereby an application filed by the petitioner/ defendant under Order 8 Rule 1-A CPC read with Section 151 of CPC for tendering in evidence copy of Jamabandi for the year 1973-1974 alongwith the copies of mutation Nos. 236
and 239, attested in the year 1989, has been dismissed.
2. Brief facts of the case are that the respondent/ plaintiff had filed a suit for declaration, possession, confirmation of joint
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possession, prohibitory injunction and consequential relief under Sections 5, 34 to 38 of the Specific Relief Act. It has been averred in the plaint that the suit land was recorded in the non occupancy tenancy of late Sh. Fithiya, S/O Sh. Chaitru, as a non occupancy tenant, underf the owners named Musamaat Nagan and Radhu. After acquiring ownership of suit land, said Fithiya died issuelesst and was survived by his two brothers namely Leghu and Jindu. Leghu was the predecessor- in-interest of the plaintiff, whereby Jindu was the predecessor- in-interest of defendant No.1, and proforma defendants Nos. 2 and 3. Acting clandestinely, Jindu, the predecessor-in-interest of defendant No.1 in connivance with the revenue authorities, acting at the back of Leghu ( the predecessor-in-interest of plaintiff) got the proprietary rights entered into Jamabandi for the year 1973-74 by tempering the revenue record by cutting the name of Fithiya and overwriting the name of Jindu, without any mutation and order of any competent revenue authority. Therefore, the change as made in the revenue record is
illegal, null and void.
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3. The suit was filed by the plaintiff/ respondent on 30.06.2015 as revealed from the copy of the plaint appended
with the present petition.
4. The suit filed by the respondent/plaintiff was contested by the petitioner/defendant Nof.1 by filing written statement, in which preliminary objections with regard to maintainability, cause of action, ltimitation and jurisdiction were taken. All the allegations as levelled in the plaint were refuted
and the petitioner/defendant sought for dismissal of the suit.
5. Learned trial Court framed the issues and directed the respective parties to lead the evidence in support
of their contention.
6. It has been apprised to this Court that the plaintiff closed his evidence on 05.11.2024 and thereafter, the defendants led their evidence and closed the same on 10.10.2025. After the closure of the evidence, an application under Order 8 Rule 1 A CPC read with Section 151 CPC was filed on 15.12.2025. In the said application a prayer was made to permit the defendants to place on record copies of mutation orders No. 236 and 239, vide which both tenants, namely, Sh. Jindu and Sh. Leghu were conferred ownership rights by the
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operation of law under Section 104 of the H.P. Tenancy and Land Reforms Act and copy of Jamabandi for the year 1973-
1974, being an extract of the original Jamabandi.
7. The said application was contested by the plaintiff and it has been averred in the replyf that the application filed by defendants was highly belated as the suit was filed by the plaintiff in the year 2015 and tthe case is at the stage of final arguments. It has further been averred that after concluding the evidenc
