Civil Revision No.7014 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7014 of 2008 Date of decision:- 23.01.2009. Riasat Ali and others ...Petitioners Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. Bhag Singh, Advocate for the petitioners. Mr. Rajeev Sharma, Senior Standing Counsel for respondent No.1-Union of India. Mr. Anil Rathee, Addl. A.G. Haryana for respondent No.2. None for proforma respondents. JASWANT SINGH J. The present revision petition under Article 227 of the Constitution of India is directed against the order dated 10.11.2008 (Annexure P-3) passed by learned Civil Judge (Senior Division) Ambala, whereby the application filed by the petitioner-plaintiffs under Section 151 of the Code of Civil Procedure for placing on record a certified copy of jamabandi for the year 1945-46 has been dismissed. The facts in brief are that the petitioner-plaintffs have filed a suit in the year 1999 for declaration to the effect that they are owners of the land described in the head note of the plaint and situated within the revenue estate of Village Rataur as per jamabandi for the year 1945-46 with a consequential relief of possession. After closing of their evidence by order Civil Revision No.7014 of 2008 -2- of the Court, they approached this Court by filing a civil revision, which was allowed and they were granted one opportunity to lead their entire evidence. Thereafter, the defendants-Union of India/State led their evidence and when the case was posted for rebuttal evidence and arguments, an application was moved by the petitioner-plaintiffs for placing on record a certified copy of jamabandi for the year 1945-46 of Village Rataur, Tehsil Naraingarh, District Ambala. It was stated that earlier a certified copy has been supplied to their counsel and throughout they had been under the impression that it has been tendered in evidence. However, at this stage, it was found that a copy of the same was not on the Court file. After unsuccessfully searching for the same in the record of their counsel, a fresh copy was obtained and the present application was moved. It is also stated that the production of the same on record is absolutely essential for the decision of the case. Reply to the same was filed by the respondent No.1-Union of India. The learned Civil Judge (Senior Division) Ambala dismissed the same on the ground that the document was within their knowledge and the same should have been tendered in their evidence in affirmative and that the petitioner-plaintiffs had failed to show that they had exercised due diligence in leading their evidence. I have heard learned counsel for the parties. Undoubtedly, the petitioner-plaintiffs had been given sufficient opportunities to lead their evidence but the petitioner-plaintiffs being poor and illiterate villagers, who were under the impression that their counsel had tendered the same in evidence since the whole case is based on the jamabandi for the year 1945- 46, in my considered opinion deserve to be permitted to place on record the Civil Revision No.7014 of 2008 -3- certified copy of the aforesaid jamabandi, which goes to the root of the case. It is alleged that in the said jamabandi the ancestors of the plaintiffs have been shown to be owners prior to the year 1947, which would help in effective adjudication of the dispute. It is a certified copy of a public document being part of the revenue record, which is per se admissible in evidence in view of Section 77 of the Indian Evidence Act, 1872. The prayer is only for placing on record the certified copy and as such no other evidence has to be led. No prejudice will be caused to the respondent- State/Union of India. Therefore, I deem it just and expedient in the interest of justice to set aside the impugned order dated 10.11.2008 (Annexure P-3) and allow the petitioners-plaintiffs one opportunity to place on record only the certified copy of the jamabandi for the year 1945-46 pertaining to Village Rataur, Tehsil Naraingarh, District Ambala on the next date or any date to be fixed by the learned trial Court subject to payment of Rs.5000/- as cost. Petition is allowed in the above terms. January 23, 2009 (JASWANT SINGH) vj JUDGE