Civil Revision No. 491 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 491 of 2009 Date of decision : 26.2.2010 Baldev Raj ....Petitioner Versus Jeevan Dass Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Ashish Gupta, Advocate for the petitioner Mr. Kulwant Singh, Advocate for Mr. Ashish Aggarwal, Advocate for the respondent. S. D. ANAND, J. The plaintiff herein filed a plea for obtaining the leave of the Court to adduce additional evidence and to thereby prove on record demarcation report dated 22.10.2007 (in compliance of the order dated 16.10.2007 of the Tehsildar, Karnal) which had been conducted by the Kanungo in village Kunjpura, Tehsil Karnal. Learned Trial Court negatived the plea by observing that the evidence having been obtained during the pendency of trial could not be accepted, particularly when both the parties had already concluded their evidence and the demarcation report constituted a part of evidence of affirmative character which the plaintiff-petitioner was liable to adduce. It was also noticed, in that context, that a demarcation report (Ex. D2/3) had already been proved on record which had not been challenged on behalf of the plaintiff-petitioner. Civil Revision No. 491 of 2009 -2- *** The reasoning adopted by the learned Trial Court in negativing the plea raised on behalf of the plaintiff-petitioner deserves affirmation for the very reasons noticed by that Court. It cannot be disputed that it was incumbent upon the plaintiff/petitioner to adduce affirmative evidence to prove the averment on its own and a demarcation report could be one of the best pieces of evidence in that behalf. Not only he did not do so, he had also not contested the demarcation report Ex. D2/3 which was proved in evidence by respondent. The case is already at the stage of arguments on the merits thereof. The petition is held to be without any force and is ordered to be dismissed. February 26, 2010 (S. D. ANAND) Pka JUDGE