C.R. No. 4167 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4167 of 2008 Date of Decision: September 5, 2009 Suresh Kumar …..Petitioner Vs. Virender Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.J.V. Yadav, Advocate for the petitioner. Ms. Pratibha Yadav, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) The plaintiff- petitioner has filed a suit for injunction against the defendant- respondent for restraining him from interfering in the passing of water of the house of the plaintiff in the public street towards southern side. Plaintiff wants that the defendant- respondent should not create any C.R. No. 4167 of 2008 [2] hindrance in the use of the street and to remove the encroachment made on the street in the shape of wall. An application filed by the petitioner for additional evidence for producing some sale certificates with the maps appended to them as schedules and a sale deed alongwith map prepared by Pawan Kumar, was dismissed by the trial Court, inter-alia on the ground that the additional evidence which is sought to be produced was already in the knowledge of the petitioner and that he did not exercise due diligence. The trial Court also held that the petitioner has not been able to disclose as to how the documents sought to be produced are relevant for decision of the controversy. I have gone through the sale certificates and Schedule I attached with the sale certificates. Certain sale certificates reflect the existence of a gully. Counsel for the petitioner claims that the said sale certificates indicate the E.P. Nos. which are relevant to the property in dispute would enable the Court to arrive at a correct decision but counsel for the defendant- respondent has denied the relevancy of such documents. Taking into consideration the totality of the circumstances, without going into minute details, it is sufficient to observe that the documents which are sought to be produced are copies of the officials record and chances of the same having been procured or falsely prepared are remote. Counsel for the defendant- respondent submits that on the date when application for additional evidence was moved, all the defence C.R. No. 4167 of 2008 [3] witnesses were present in the Court but could not be examined on account of the delaying tactics used by the plaintiff- petitioner. In view of the above circumstances, I am of the opinion that the petitioner can be permitted to produce the documents taking into consideration the stage of the case, as the documents are part of the official record and same to be relevant being pertaining to the area in which the suit property is situated. No doubt, the petitioner has been negligent in producing documents at earlier stage for which the costs seem to be enough panacea. Revision petition is allowed. Impugned order dated June 2, 2008 is hereby set aside. The petitioner is granted permission to produce the sale certificates mentioned in the application and to produce Pawan Kumar, Draftsman. He will produce Pawan Kumar, Draftsman at his own responsibility and will be permitted to produce the concerned official alongwith the sale certificates mentioned in his application. The entire exercise will be done within a period of one month after September 19, 2009. He will be provided dasti summons for service of the official witness. The abovesaid evidence will be permitted to be produced subject to payment of costs of Rs.5000/-. Parties are directed to appear before the trial Court on September 19, 2009. Costs will be paid on September 19, 2009. It is made clear that in case the cost is not paid on September 19, 2009 or any date given by the trial Court for said purpose, this petition will be deemed to have been dismissed. It is made clear that in case the petitioner adopts any C.R. No. 4167 of 2008 [4] delaying tactics, it will be open to the trial Court to close the evidence and proceed further for recording the evidence of the defendant. Disposed of in the aforesaid terms. September 5, 2009 (M.M.S.BEDI) sanjay JUDGE