C.R. No. 2533 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 2533 of 2010 (O&M) Date of decision : 21.4.2010 ... Nathi Ram and others ................Petitioners vs. Smt. Diwa Kanwar @ Kalawati and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. M.S. Tewatia, Advocate for the petitioners ... K.C. Puri, J. (Oral) This is a revision petition against the order dated 11.2.2010, passed by Civil Judge (Junior Division), Palwal, vide which the application for additional evidence has been dismissed. The plaintiff filed a suit for declaration and permanent injunction. The defendants filed an application for additional evidence. The prayer made in the application is that on 4.11.2009, Smt. Raj Kumari, Inspector, Food and Supplies, appeared before the Court as DW and she produced D-1 forms of Rajender, Shyam Lal and Chand - sons of Kishan Lal, instead of bringing the record in respect of Diwa Kanwar @ Kalawati. Halqa Patwari was summoned, who deposed about Jamabandies and Khasra Girdawari. It is further alleged that plaintiff has produced photocopies of certain documents in Urdu. The Hindi version of those documents have not been enclosed with the Urdu version. It is alleged that Hindi version is C.R. No. 2533 of 2010 -2- necessary to be produced. The application was opposed. Learned trial Court after hearing both the sides dismissed the application. Feeling dissatisfied with the said order of dismissal of the application, the present revision petition has been filed. Learned counsel for the revisionists has submitted that Patwari Halqa has been examined. He has produced the photocopies of Jamabandis. Defendant-petitioners want to prove those Jamabandis. However, Patwari Halqa cannot be summoned for that purpose. Learned trial Court has observed that in the written statement, the defendants had taken a stand that suit property is situated within the village Abadi bearing no Khasra number. Otherwise also, the Jamabandis are per se admissible in evidence and the defendant-petitioners could have produced those Jamabandis in their evidence. Learned counsel for the petitioners has further submitted that Inspector Food and Supply is required to be summoned to prove the D-1 Form in respect of Diwa Kanwar @ Kalawati. The said evidence was within the knowledge of the petitioners and they could have produced the same when Smt. Raj Kumari, Inspector Food and Supply, was called as witness. So, in these circumstances, the revision petition is without any merit and the same stands dismissed. ( K.C. Puri ) 21.4.2010 Judge chugh