CR No.6163 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6163 of 2011 Date of decision:05.10.2011. Rati Ram and Another .......Petitioners-defendants. Versus Sheochand .......Respondent-plaintiff. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. M.K.Mittal, Advocate for the petitioner. RITU BAHRI J. Challenge is to the order dated 11th August, 2011 whereby the plaintiff (now respondent) has been allowed to lead additional evidence, subject to payment of costs. Plaintiff Sheo Chand filed a suit for declaration and permanent injunction to the effect that sale deed pertaining to 1/6th share of 34 kanals 1 marla situated in village Lisan, Tehsil and District Rewari registered on 25th May, 2004 be declared null and void. Suresh Nambardar was one of the attesting witness of the above said sale deed. A criminal case has been registered in connection with the execution of the above said sale deed. A statement has been given by Suresh Nambardar on 11th January, 2010 that the contents of the sale deed were not read over and understood by him and respondent Sheo Chand had not taken any amount in his presence. On coming to know that the statement has been made, the plaintiff seeks to lead this statement as additional evidence. CR No.6163 of 2011 -2- The statement sought to be led in additional evidence was made on 11th of January, 2010 and the present application has been moved on 5th of August, 2011. There is no inordinate delay in moving this application. Mr. M.K.Mittal, learned counsel for the petitioner has placed reliance on a judgment of this Court in case Smt. Kamla and another Versus Bhoop Singh and another 2010(5) Recent Civil Reports 674 whereby the application for additional evidence was declined as it was moved after six years of framing of the issues. There was a gap of two years of closure of evidence after availing ten effective opportunities by the plaintiff. The facts of this judgment does not apply to this case as in the present case, the statement sought to be led as additional evidence was made on 11th January, 2010. No merits. Dismissed. October 5, 2011. (RITU BAHRI) Sachin M. JUDGE.