CR NO.6442 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CR NO.6442 of 2011 Date of decision:20.10.2011 Naresh ...Defendant/Petitioner Versus Padam Singh and others ...Plaintiffs/Respondent(s) CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Anil Malik, Advocate for the petitioner. -.- JITENDRA CHAUHAN, J. The present revision petition is directed against the order dated 7.10.2011 passed by the learned Additional Civil Judge (Senior Division), Safidon, whereby the application for additional evidence on behalf of the plaintiffs/respondents was accepted. I have heard the learned counsel for the petitioner and have gone through the case file. From a perusal of the case file, it emerges that the learned trial Court allowed the application for additional evidence holding that the registered sale-deed executed by Asha Singh was not in the knowledge of the plaintiffs and the said fact came to their knowledge only after Naresh Kumar, DW1 made a statement. Asha Singh died shortly after executing the agreement with other parties. However, the fact of executing sale- agreement with other parties was not in their knowledge and thus could not be pleaded before the Court. The learned trial Court accepted the application subject to costs of `2,000/-. CR NO.6442 of 2011 2 In the fact situation, this Court finds no fault with the reasoning given by the learned trial Court. However, keeping in view the fact that the agreement in question pertains to year 1984, to avoid further delay in the matter, the order dated 7.10.2011 is modified to the extent that the plaintiffs be given only one effective opportunity to prove the thumb impression of Asha Singh, subject to further costs of `5,000/-. The date shall be fixed by the trial Court. In view of the above, the present appeal is partly accepted. 20.10.2011 (JITENDRA CHAUHAN) Mks JUDGE