136 IN THE HIGH COURT OF PUNJAB AND SUKHDEV SINGH DECEASED THROUGH LRS SUKHWINDER SINGH AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Abhishek Singla, Advocate and Mr. Shubham Gupta, Advocate for respondent No.4. HARKESH MANUJA By wa the Constitution of India, 04.07.2018 passed by the Court of Learned Additional Civil Judge (Senior Division instance of petitioner the form of writing dated 08.01.1969 part of the joint property in favour of one of Singh was declined. 2. Briefly stating, deceased Ram Gupta as well as Gurdev Sin 08.01.1969, the himself to be the kanals 19 marlas Sabo, District Bathinda, contested at the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: SUKHDEV SINGH DECEASED THROUGH LRS Versus SUKHWINDER SINGH AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sherry K. Singla, Advocate for the Mr. Abhishek Singla, Advocate and Mr. Shubham Gupta, Advocate for respondent No.4. **** HARKESH MANUJA, J. (ORAL) By way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 04.07.2018 passed by the Court of Learned Additional Civil Judge Senior Division), Talwandi Sabo whereby an application preferred a instance of petitioner-plaintiff for permission to lead additional evidence in the form of writing dated 08.01.1969, allegedly conferring rights over a part of the joint property in favour of one of his Singh was declined. Briefly stating, the petitioner-plaintiff deceased Ram Gupta, who had six sons, including the as well as Gurdev Singh. Based on a family partition/ 08.01.1969, the petitioner-plaintiff filed a suit himself to be the owner in peaceful possession of land measuring 55 kanals 19 marlas, situated in village Talwandi Sabo Sabo, District Bathinda, (as detailed in plaint the hands of respondent Nos. 4 HARYANA AT CHANDIGARH CR-5049-2018 Date of Decision: April 21, 2026 SUKHDEV SINGH DECEASED THROUGH LRS ........Petitioner ......Respondents HARKESH MANUJA Advocate for the petitioner. Mr. Abhishek Singla, Advocate and Mr. Shubham Gupta, Advocate for respondent No.4. y of present revision petition filed under Article 227 of challenge has been laid to order dated 04.07.2018 passed by the Court of Learned Additional Civil Judge an application preferred at the for permission to lead additional evidence in allegedly conferring rights over a his brothers, namely, Gurdev plaintiff happened to be son of including the petitioner-plaintiff gh. Based on a family partition/writing dated filed a suit for declaration, claiming possession of land measuring 55 situated in village Talwandi Sabo-I, Tehsil Talwandi as detailed in plaint). Upon notice, the suit was Nos. 4 to 6 by way of written 2018 April 21, 2026 Petitioner y of present revision petition filed under Article 227 of challenge has been laid to order dated 04.07.2018 passed by the Court of Learned Additional Civil Judge t the for permission to lead additional evidence in allegedly conferring rights over a Gurdev happened to be son of plaintiff writing dated for declaration, claiming possession of land measuring 55 I, Tehsil Talwandi . Upon notice, the suit was of written TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document CR-5049-2018 -2- statement wherein the factum of alleged writing dated 08.01.1969 was specifically denied and disputed. 3. Upon framing of issues, the parties led their respective evidence; however, at the stage of recording of rebuttal evidence, the petitioner-plaintiff moved an application seeking permission to lead additional evidence in the form of another writing dated 08.01.1969, whereby some portion of the land was allegedly given to one of his brothers, Gurdev Singh. The said application was opposed at the hands of the respondents. Learned trial Court vide order dated 04.07.2018, dismissed the application filed by the petitioner-plaintiff. 4. I have heard learned Counsel for the parties and gone through the paper book. 5. Though, apparently, there has been some delay on the part of petitioner-plaintiff in seeking permission to lead additional evidence in the form of writing dated 08.01.1969, allegedly executed in favour of one of his brothers, Gurdev Singh, however, the factum of family partition among all the brother was duly pleaded in the plaint and as such, respondents cannot be said to have been taken by surprise in the given facts and circumstances, when the petitioner-plaintiff is seeking permission to lead additional evidence in the form of one writing dated 08.01.1969. The document now sought to be proved by way of additional evidence would assist the learned trial court in arriving at a just conclusion with respect to the factum of family settlement having taken place amongst the sons of deceased Ram Gupta on 08.01.1969. TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document CR-5049-2018 -3- 6. As such, by adopting a pragmatic approach rather than going by technicalities and also keeping in mind that procedural law is meant to advance justice and not to thwart it, the present petition is allowed and order dated 04.07.2018 passed by the Court of Learned Additional Civil Judge (Senior Division), Talwandi Sabo is set aside, subject to payment of costs of Rs. 20,000/- to the respondent No.4. the cost be deposited by the petitioner within two weeks from today. Thereafter the petitioner be afforded opportunity to lead additional evidence. 7. Pending application(s), if any, shall also stand disposed of. 21.04.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document