C.R. No. 149 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 149 of 2010 (O&M) Date of Decision : 19.1.2010 Pargat Singh .......... Petitioner Versus Sawaran Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. B.S. Jaswal, Advocate for Mr. Parveen Kumar, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 14.12.2009, passed by the learned Civil Judge ( Jr. Divn.), Dasuya vide which application moved by the petitioner to lead additional evidence stands declined. The petitioner wanted to produce on record an agreement by way of additional evidence to prove the fact, that the agreement relied upon by the plaintiff / respondent was in fact forged and fabricated document. The case set up by the petitioner, the application was, that the factum of the earlier agreement, which he wants to prove was specifically pleaded in the written statement, therefore, the evidence sought to be led was necessary for just and proper adjudication of the case. The contention is that application should have been allowed, on payment of costs to the respondent, for the grounds mentioned. C.R. No. 149 of 2010 2 The learned trial Court dismissed the application, in view of the fact, that no ground for leading secondary evidence is made out, as the evidence sought to be led by way of additional evidence was within the knowledge of the petitioner. A specific stand was taken in the written statement regarding this fact. However, the petitioner did not lead evidence at appropriate time, without any reason. The petitioner is not in possession of the agreement, which is sought to be proved by way of additional evidence, and has a photo copy, which can not be read in evidence, therefore, no ground is made out to interfere with the impugned order. No merit. Dismissed. 19.1.2010 ( VINOD K. SHARMA ) 'sp' JUDGE