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Civil Revision No.4132 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Revision No.4132 of 2017

Date of decision: 03.07.2017

Sharda Rani and others

.......Petitioners

versus

Rajesh Kumar

......Respondent

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present: -

Mr. Arjun Veer Sarma, Advocate, for the petitioners.

RAMENDRA JAIN, J. (ORAL)

Defendants have filed the instant revision petition under Article

227 of the Constitution of India for setting aside the impugned order dated

05.05.2017 (Annexure P-1) passed by learned Civil Judge (Junior Division),

Ludhiana, dismissing their application filed under Section 151 CPC for

leading additional evidence. Prayer has been made to allow the petitioners

to lead additional evidence to prove electricity bills Ex. D-13 and Ex.D-14.

Learned counsel for the petitioners contended that the

petitioners had applied for the electricity connection on 29.12.2014, after

more than one year of filing their written statement. Hence, at that time

aforesaid electricity bills (Ex. D-13 and Ex.D-14) were not in their

knowledge and possession. However, during their evidence, the petitioners

produced the aforesaid electricity bills and the same were exhibited on

record as Ex.D-13 and D-14 without any objection from the

respondent/plaintiff. Oral evidence of the petitioners was closed on

10.01.2017, but cross-examination of their witnesses was left open for the

respondent/plaintiff. During the course of cross-examination of the

petitioners' witnesses by the respondent/plaintiff, learned counsel for the

Ravinder Singh

2017.07.06 17:49

I attest to the accuracy and

authenticity of this document

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Civil Revision No.4132 of 2017

respondent/plaintiff raised objection to the exhibition and authenticity of

electricity bills (Ex. D-13 and Ex. D-14), which were earlier allowed to be

exhibited by the respondent/plaintiff without any objection. For this reason

and to be more particular, petitioners moved an application for leading

additional evidence to prove the aforesaid electricity bills by calling upon

the concerned clerk of the electricity department, who had issued the

aforesaid bills, which has been dismissed vide impugned order.

Heard.

Electricity bills sought to be produced by the

petitioners/defendants are already exhibited as Ex.D-13 and Ex.D-14

without any objection from the respondent/plaintiff. Hence, only formal

proof of the same is required. In the considered opinion of this Court, no

prejudice will be caused to the respondent/plaintiff if the aforesaid

electricity bills, already on record as Ex.D-13 and D-14, are allowed to be

formally proved by examining the concerned official of the electricity

department.

Accordingly, impugned order dated 05.05.2017 (Annexure P-1)

is hereby set aside and the petitioners are allowed to prove the electricity

bills (Ex.D-13 and Ex.D-14) by examining the official of the electricity

department. Petitioners will do the needful within two days so to be granted

by the trial Court.

Revision petition is allowed accordingly.

(Ramendra Jain)

Judge

July 03, 2017

R.S.

Whether speaking/reasoned

Yes/No

Whether reportable

Yes/No.

Ravinder Singh

2017.07.06 17:49

I attest to the accuracy and

authenticity of this document