IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4099 of 2007 Date of Decision:- 25.04.2008 Mohd.Ahsan Kureshi ....Petitioner(s) through Mr.Rajesh Lamba, Advocate vs. Smt.Shanti Devi ....Respondent(s) through Mr.Subhash Kaushik, Advocate *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the order dated 27.7.2007 passed by the learned Additional Civil Judge (Sr.Division), Faridabad whereby an application for additional evidence moved by the petitioner-defendant has been dismissed. A suit for permanent injunction with a consequential relief of mandatory injunction was filed by the respondent-plaintiff against the petitioner-defendant in the year 2000. The issues were framed on 23.3.2004 and thereafter both the parties concluded their evidence. While the case was fixed for rebuttal evidence and arguments, the petitioner- defendant kept on seeking adjournments and then moved an application on 16.9.2006 for producing the additional evidence comprising- (i) Clerk/House Tax Clerk of the Municipal Corporation, Faridabad along with record of house tax asessment, (ii) Chhote son of not known and (iii) Kulbir C.R. No.4099 of 2007 -2- Dhabewala. The above-stated application has been dismissed by the learned trial Court after observing that the same has been moved only to delay the proceedings. Notice of motion was issued and in response thereto, learned counsel for the parties have been heard. The manner in which the petitioner has been seeking the adjournments, does lead to an inference that he has been adopting one or the other delaying tactics. However, learned counsel for the petitioner submits that the petitioner does not want to examine two witnesses at Sr.Nos.2 and 3, referred to above, and may be permitted to examine only the Clerk/House Tax Clerk of the Municipal Corporation, Faridabad, along with relevant record and that too at his own responsibility. Since the record maintained by the Municipal Corporation, Faridabad, if any, pertaining to the subject property might be helpful to the learned trial Court to arrive at a just conclusion, the prayer made by the petitioner to lead additional evidence to the extent of examination of the Clerk concerned/House Tax Clerk of the Municipal Corporation, is allowed, however, subject to payment of costs of Rs.5,000/- to the respondent- plaintiff. It is made clear that only one opportunity shall be granted for this purpose and the Court may issue dasti process for production of the said witness but the same shall be at the responsibility of the petitioner himself. Disposed of. Dasti. April 25, 2008 ( SURYA KANT ) poonam JUDGE