Civil Revision No.7717 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7717 of 2009 Date of decision : 09-08-2010 Anil Kumar .... Petitioner VERSUS Rakesh Kumar Garg ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. O.P. Hoshiarpuri, Advocate, for the petitioner. Mr. Vinay Puri, Advocate, for Mr. D.K. Bhatti, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) The present revision petition is directed against the order dated 13.11.2009 passed by Rent Controller, Jalandhar in Eviction Application No.36 of 2005 whereby prayer of the landlord to lead additional evidence was declined. Landlord appeared and in cross- examination stated as under:- “I did not come to India in the year 2005 as such there could not be any entry in the passport.” It was a case of the landlord in the application for additional evidence that there was a typographical error while recording the above two lines. In fact, he had come to India on 6.02.2005 and left India from Raja Sansi Airport on 25.05.2005. Landlord wanted to prove entry in his passport to say that in his cross-examination due to typographical error, the above said two lines were recorded. The Civil Revision No.7717 of 2009 -2- Rent Controller while declining the prayer had drawn inference that these entries could be manipulated. This inference can be conjecture also as until the evidence is led it cannot be said that the entries were manipulated. Journey of the Court is to find truth and dispense justice. The mistake committed here and there in the Courts, by one, will not close all the doors for the erring litigant. The Court while permitting additional evidence has to apply only one test whether it will cause any prejudice to the tenant or not. In case, the landlord proves entries in his passport according to the mode prescribed, the tenant will get right to cross-examine this witness. Therefore, it cannot be said that prejudice will be caused to the tenant. On the facts, it also cannot be assumed, that, in case, additional evidence is allowed, it will amount to the filling of the lacuna. Taking into consideration totality of the circumstances, impugned order dated 13.11.2009 passed by Rent Controller, Jalandhar is set aside. Application for additional evidence is allowed. Landlord be granted one opportunity to prove entries made in the passport. Disposed of. (KANWALJIT SINGH AHLUWALIA) 09-08-2010 JUDGE manju