C.R. No. 6271 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6271 of 2009 Date of Decision: 10.08.2010 Baljinder Singh and another .... Petitioners Versus Gurdeep Singh and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Mr. S.K. Singla, Advocate for the petitioners Mr. Sameer Sachdeva, Advocate for respondents No. 1 and 2 ALOK SINGH, J. (ORAL) 1. Present petition is filed assailing the order dated 24.9.2009 passed by Addl. Civil Judge (Sr. Divn.) Moga whereby the trial Court has rejected the application of the plaintiff-petitioner to permit the plaintiff to adduce additional evidence i.e. document dated 28.1.2000 and to call the defendants to admit or deny the document. 2. Admittedly after closing of the evidence, plaintiff had moved an application alongwith document dated 28.1.2000, the alleged agreement between the parties calling the defendant either to admit or deny the document and alternatively to permit the plaintiff to adduce additional evidence to prove document. Admittedly the document dated 28.1.2000 which is sought to be filed alongwith the application was not filed alongwith the plaint as a documentary evidence which is required under Order 7 Rule 14 (1) CPC. There C.R. No. 6271 of 2009 2 is no pleading about document dated 28.1.2000 which is sought to be filed after closing of the evidence of both the party. Neither plaintiff's witnesses stated about the agreement dated 28.1.2000 nor defendant's witnesses were cross-examined about the alleged agreement. In the opinion of this Court in the absence of the pleadings and statements pertaining to document dated 28.1.2000 and in the absence of any ingredient in the application as to why document dated 28.1.2000 was not filed alongwith the plaint, learned trial Court has not committed any illegality in rejecting the application of the plaintiff. No interference is called for, hence, petition is dismissed. (ALOK SINGH) 10.08.2010 JUDGE reena