IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1608 of 2009 (O&M) Date of decision : May 07, 2009 Ram Chander. Petitioner Versus Rakesh Kumar Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Anil Kumar Gahlawat, Advocate for the petitioner A.N. JINDAL, J. (ORAL) Service is complete. The defendant/petitioner has sought setting aside of order dated 3.3.2009 declining him to produce matriculation certificate in order to prove the date of birth of the plaintiff by way of an additional evidence alleging that his date of birth is 30.12.76. Despite service no one has put in appearance on behalf of respondent. The evidence sought to be produced being documentary evidence could not be procured or fabricated and if such prayer is allowed then the same may be rebutted by the plaintiff on his turn. The records reveal that the petitioner is still to lead evidence. It may further be observed that such document being essential for just decision of the case needs to be brought on record. In view of the matter, this petition is accepted and the impugned order is set aside and the trial Court is directed to allow the petitioner to prove matriculation certificate by way of additional evidence subject to payment of cost of Rs. 500/-. (A.N.JINDAL) 07.05.2009 JUDGE reena