C.R. No. 4373 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 4373 of 2010 Date of Decision: 08.11.2010 Ram Wazir .... Petitioner Versus Kashmiri Devi and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Parmod Parmar, Advocate for the petitioner Mr. Anil Rathee, Advocate for respondent No. 1 1. Whether Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporters or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging order dated 4.6.2010 passed by Civil Judge (Sr. Divn.) Jhajjar whereby application moved by the defendant-petitioner seeking permission to place on record additional evidence was rejected. 2. Respondents No. 2 to 7 are proforma respondents, hence, need not be served. 3. The defendant-applicant has moved an application before the learned trial Court seeking permission to place on record death certificate of the scribe and witnesses of the Will in the additional evidence. Learned trial Court has rejected the application by the impugned order on the ground that application was moved at the belated stage and on the ground that defendant-applicant could not C.R. No. 4373 of 2010 2 prove due diligence regarding the evidence sought to be placed on record. 4. Heard learned counsel for the parties and perused the record. 5. This Court is of the opinion that Birth and Death Register duly maintained by the Department is a public document and any entry made therein shall be presumed as correct in view of Section 144 of the Evidence Act unless proved otherwise. Order 8 Rule 1-A (3) CPC provides that additional evidence can be placed on record at any stage of the suit with the leave of the Court. If defendant- petitioner wants to place on record certified copies of the Death and Birth Register to prove the death of the scribe and witnesses of the Will, ordinarily permission ought to have been granted to the defendant-petitioner. Ordinarily, delay is no ground to refuse the party to place on record relevant evidence which will be just and proper for fair adjudication of the case. In the opinion of this Court, application ought to have been allowed which was wrongly rejected. 6. Petition is allowed. 7. Impugned order is set aside. 8. Defendant-petitioner is permitted to place on record certified copy of death certificate of scribe and witnesses of the Will within 30 days from today. 9. Defendant-petitioner shall pay costs of ` 5000/- to respondent No. 1 within 10 days from today. (ALOK SINGH) 08.11.2010 JUDGE reena