C.R. No. 5144 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5144 of 2009 Date of Decision: September 9, 2009 Jagdish Arora and others …..Petitioners Vs. Jagdeep Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Onkar Singh, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) The main grievance of the defendant- petitioners is that after having adjourned the case w.e.f. October 1, 2008 till March 3, 2009 for six dates of hearing, the plaintiff- respondent furnished advance copies of the affidavits of PW1 Jagdeep Singh and PW2 Paramjit Singh but on March 27, 2009, when the case was fixed for the PWs, another affidavits were tendered in the Court and copies supplied to the defendant- petitioners were different from the one which were supplied to them on March 3, 2009. C.R. No. 5144 of 2009 [2] Counsel for the petitioners has contended that a great prejudice has been caused to the defendant- petitioners by wrong act of the Court by permitting the respondent- plaintiff to produce affidavits which are contrary to the copies of the affidavits supplied in advance to the counsel for the defendant- petitioners before the trial Court. After hearing counsel for the petitioners, I am of the opinion that no doubt on March 3, 2009, the advance copies of the affidavits of PW1 Jagdeep Singh and Paramjit Singh were supplied to the defendant- petitioners but the said affidavits were later on rectified before tendering the affidavit in the court on March 27, 2009. If there is any improvement in the said affidavits contrary to the pleadings or any other material, the defendant- petitioners can challenge the same by cross-examining the plaintiff- PW1 Jagdeep Singh. The defendant- petitioners without having cross-examined the plaintiff- PW1 Jagdeep Singh has filed an application before the trial Court under Section 151 CPC though he would have got enough opportunity to challenge the additions and improvements beyond pleadings by thoroughly cross-examining the plaintiff- witness. So far as the exhibition of the documents is concerned, it is always open to the defendant- petitioners to challenge the admissibility, mode of proof or relevance, in accordance with law during cross-examination or at the time of final arguments by raising objections permissible under law. A document will not form part of the judicial record unless and until it is actually produced in the Court, therefore, the defendant-petitioners cannot claim that the advance copies supplied to them on March 23, 2009 C.R. No. 5144 of 2009 [3] will debar the plaintiff- respondent to tender rectified affidavits in the shape of examination-in-chief under Order 18 Rule 4 CPC. No ground is made out for interference. Dismissed. September 9, 2009 (M.M.S.BEDI) sanjay JUDGE