CR No.7557 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CR No.7557 of 2009 (O&M) Date of Decision : 18.12.2009 Binder Kaur and another ..Petitioners. Vs. Jagjit Singh and another ..Respondents. CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Aminder Singh, Advocate for the petitioners. RAKESH KUMAR JAIN, J. Challenge in this revision is to the order dated 10.12.2009 passed by District Judge, Sangrur whereby an application filed by the petitioner for examination of Dr.Prabhjot Singh Sibia has been declined. The petitioners filed claim petition in the year 2008 for compensation of Rs.10 lacs on account of the death of Vikram Masih @ Raju son of Harbans Masih who met with an accident on 1.6.2008 and died on 18.6.2008. It is averred that the accident was caused with Bus No.PB- 11Z-5897. It is submitted that in the list of witnesses, Dr.Prabhjot Singh Sibia was one of the witnesses whose diet money was deposited but he could not be examined and certificate of cause of death issued by him could not be placed on record. Learned counsel for the petitioners submits that application filed by the petitioners in order to examine Dr.Prabhjot Singh Sibia has been illegally declined by the Court below. I have heard learned counsel for the petitioners and have perused the impugned order in which it is categorically mentioned that CR No.7557 of 2009 -2- learned counsel for the petitioners wanted to prove the cause of death on the basis of documents Ex.P6 and Ex.P7 which were found to be the copies of indoor patient file of the deceased Raju maintained by Sibia Health Care, Heart and Multi Specialty Centre, Sangur in which cause of death has been mentioned. Document Ex.P6 shows that deceased Raju was admitted on 8.6.2008 and was discharged on 14.6.2008. He again came to the hospital on 18.6.2008 at 3 p.m. and died at 4 P.M. Except the recording of pulse, B.P. and temperature, no other cause was recorded therein. The Court below thus, found that the application is totally misconceived and at this belated stage, cause of death cannot be opined. Keeping in view the totality of circumstances, I do not find any infirmity or illegality in the order passed by the Court below. The petitioners cannot be allowed to lead evidence on the basis of manufactured documents because accident took place on 1.6.2008, deceased's admission was on 8.6.2008 who was discharged on 14.6.2008 whereas certificate which is not sought to be produced on record is 8.12.2009. Hence, the present revision petition is found to be without any merit and the same is hereby dismissed. (Rakesh Kumar Jain) 18.12.2009 Judge Meenu