Kirpal Kaur v. Harjit Singh And ORS

C. R No. 8226 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C. R No. 8226 of 2015 (O&M) Date of decision : 04.12.2015 Kirpal Kaur ....Petitioner versus Harjit Singh and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. M.S. Uppal, Advocate for the petitioner **** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 17.11.2015 passed by learned Civil Judge (Jr. Divn.), Budhlada, Distt. Mansa whereby application filed by defendant Nos. 1 and 2 for leading secondary evidence, has been allowed.

Learned counsel for the petitioner has informed the Court that during the pendency of the suit of permanent injunction, an application was filed by the petitioner under Order 39 Rule 2A CPC for violation of order of status quo, as the respondents break open the locks of the house in question. This application was dismissed by the Court below. So, the application which was now made by the GAURAV ARORA 2015.12.24 16:05 I attest to the accuracy and integrity of this document

C. R No. 8226 of 2015 (O&M) -2defendants to produce additional evidence, has been wrongly allowed by the Court below, as this has been made at a belated stage. However, vide impugned order dated 17.11.2015, the learned Civil Judge had very rightly concluded that the evidence sought to be led by the defendants by way of additional evidence are the part of judicial proceedings i.e statements recorded in proceedings under Order 39 Rule 2A CPC.

In view of the above, the petition stands dismissed. 04.12.2015 (RITU BAHRI) G Arora JUDGE GAURAV ARORA 2015.12.24 16:05 I attest to the accuracy and integrity of this document