Mukhtiar Singh v. Rattan Chand

Civil Revision No. 3175 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 3175 of 2015 Date of Decision: 12.5.2015.

Mukhtiar Singh .......Petitioner

Versus

Rattan Chand ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Arun Gupta, Advocate for the petitioner.

**** SABINA, J.

Petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 15.4.2015 whereby application moved by the petitioner for permission to lead additional evidence, was dismissed.

I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully. Respondent has filed suit for recovery of ` 61,300/- against the petitioner. Petitioner closed his evidence on 18.3.2015 and, thereafter, moved an application for permission to examine Sahab Singh and Gursewak Singh as witnesses. The case of the petitioner is that the amount in question had been repaid by him to the respondent in the presence of Sahab Singh and Gursewak Singh. However, when the petitioner tendered his affidavit in his examination-in-chief, the said fact was not disclosed by him. In these circumstances, the learned Trial Court rightly held that the application moved by the petitioner for permission to lead GURPREET SINGH 2015.05.13 12:13 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 3175 of 2015 -2additional evidence, was liable to be dismissed. No ground for interference by this Court is made out. Dismissed.

(SABINA) JUDGE May 12, 2015 Gurpreet GURPREET SINGH 2015.05.13 12:13 I attest to the accuracy and authenticity of this document Chandigarh