Civil Revision No.2023 of 2009 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No.2023 of 2009
Date of Decision: 17.4.2009
Anju Bala ......Petitioner
Versus
Punjab and Sind Bank and another .......Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. Present: Shri Kulbir Shekhon, Advocate, for the petitioner. HEMANT GUPTA, J (Oral).
The challenge in the present revision petition is to the order
passed by the learned trial Court on 24.01.2009, whereby an application
filed by the plaintiff for permission to lead additional evidence, was
allowed.
The argument raised by the learned counsel for the petitioner is
that by allowing the additional evidence, the plaintiff has been permitted to
fill up the lacunae in the evidence, which is not permissible. Vide the
impugned order in the revision petition, the plaintiff has been permitted to
examine the Hand Writing Expert, to prove the documents allegedly signed
by the defendant (the present petitioner). Such evidence would be relevant
and necessary for the proper determination of the suit. The defendant-
petitioner will have a right to rebut the evidence so led by the plaintiff.
Therefore, the petitioner cannot be said to have suffered any prejudice,
when the plaintiff is permitted to lead additional evidence.
Consequently, I do not find any patent illegality or material
Civil Revision No.2023 of 2009 (2)
irregularity in the impugned order, which may warrant interference by this
Court, in exercise of its revisional jurisdiction. Hence, the present petition is
dismissed.
(HEMANT GUPTA)
JUDGE
17.04.2009
ds