144 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH MANJIT SINGH BALBIR SINGH ALIAS MINTA AND ANR CORAM: HON'BLE MR. JUSTICE Present: None for the petitioner. Mr. Mr. Munish Gupta, HARKESH MANUJA By way of present revision petition, challenge has been laid to an order dated 17.02.2022 passed by the Court of learned Civil Judge (Junior Division), Hoshiarpur instance of petitioner original mortgage deed dated 13.02.1970 as additional evidence was declined. 2. I have gone through the paper present petition. 3. In the impression that the original by his father in favour of one Harbans Lal being not available, sought permission to prove the office of Sub final stage of the proceedings 13.02.1970 was handed over to him by his such, a request original mortgage deed IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: MANJIT SINGH Versus BALBIR SINGH ALIAS MINTA AND ANR HON'BLE MR. JUSTICE HARKESH MANUJA None for the petitioner. Mr. Anshul Dhiman, Advocate for Mr. Munish Gupta, Advocate for **** HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to an order dated 17.02.2022 passed by the Court of learned Civil Judge (Junior Division), Hoshiarpur, whereby an application preferred at the instance of petitioner-landlord seeking permission to place on record the original mortgage deed dated 13.02.1970 as additional evidence was I have gone through the paper-book. I find substance in the present petition. In the present case, the petitioner impression that the original mortgage deed dated 13.02.1970, er in favour of one Harbans Lal being not available, sought prove the same by summoning the concerned office of Sub-Registrar Hoshiarpur as PW of the proceedings, the original mortgage deed dated 13.02.1970 was handed over to him by his a request was made before the learned trial Court to produce the original mortgage deed by way of additional evidence. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-812-2022 Date of Decision: May 07, 2026 ........Petitioner ........Respondents HARKESH MANUJA Anshul Dhiman, Advocate for Advocate for respondent No.1. By way of present revision petition, challenge has been laid to an order dated 17.02.2022 passed by the Court of learned Civil Judge whereby an application preferred at the landlord seeking permission to place on record the original mortgage deed dated 13.02.1970 as additional evidence was book. I find substance in the case, the petitioner-landlord being under the mortgage deed dated 13.02.1970, executed er in favour of one Harbans Lal being not available, sought summoning the concerned witness from Registrar Hoshiarpur as PW-2. However, later at the , the original mortgage deed dated 13.02.1970 was handed over to him by his brother Paramjit Singh as was made before the learned trial Court to produce the of additional evidence. 2022 May 07, 2026 Petitioner By way of present revision petition, challenge has been laid to an order dated 17.02.2022 passed by the Court of learned Civil Judge whereby an application preferred at the landlord seeking permission to place on record the original mortgage deed dated 13.02.1970 as additional evidence was book. I find substance in the landlord being under the executed er in favour of one Harbans Lal being not available, sought witness from 2. However, later at the , the original mortgage deed dated brother Paramjit Singh as was made before the learned trial Court to produce the TEJWINDER SINGH 2026.05.11 16:50 I agree to specified portions of this document CR-812-2022 -2- 4. In the given facts and circumstances when the certified copy of the mortgage deed dated 13.02.1970 already formed part of the record, the application made on behalf of the petitioner-landlord so as to produce the original document on record would not tantamount to absence of due diligence or an attempt to fill up to any lacunae. There does not appear to be any deliberate delay on the part of petitioner in production of the original mortgage deed dated 13.02.1970 as the same was previously not traceable and as and when, it was made available to the petitioner-plaintiff by his brother Paramjit Singh, an application was filed for production of the same by way of additional evidence. Moreover, the evidentiary value of the said document is to be considered at the time of adjudication of the ejectment petition. In such circumstances order dated 17.02.2020 passed by the Court of learned Civil Judge (Junior Division), Hoshiarpur is hereby set aside and the application filed by the petitioner-landlord is allowed by granting permission to produce and prove on record the original mortgage deed dated 13.02.1970 as an additional evidence. 5. Pending application(s), if any, shall also stand disposed of. 07.05.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.05.11 16:50 I agree to specified portions of this document