CR-3916- 188 IN THE HIGH COURT OF PUNJAB AND HARYANA Raj Singh (deceased) through his LR and ors. Gurmeet Singh CORAM: Present: HARKESH MANUJA, J. (ORAL) laid to an order dated 02.07.2024 passed by the learned Additional Civil Judge, application filed on behalf of the petitioners permission to lead additional evidence of deceased petitioner Raj Singh reflecting an entry of lakhs from 2. dated 10.05.2016, the respondent/ plaintiff filed a suit for possession by way of specific performance against the petitioner while claiming that the Rs.9.90 -2024 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR Date of Decision: Raj Singh (deceased) through his LR and ors. Versus Gurmeet Singh CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Swarn Tiwana, Advocate for the petitioners. Mr. Jaskanwal Singh Grewal, Advocate for the respondent. -.- HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to an order dated 02.07.2024 passed by the learned Additional Judge, (Senior Division), Fatehgarh Sahib, whereby application filed on behalf of the petitioners rmission to lead additional evidence of deceased petitioner Raj Singh reflecting an entry of from the mother of respondent/ plaintiff Briefly stating, based on an alleged agreement to s dated 10.05.2016, the respondent/ plaintiff filed a suit for possession by way of specific performance against the petitioner while claiming the total sale consideration was lakhs was paid as earnest money IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3916-2024 (O&M) Date of Decision: 21.04.2026 Raj Singh (deceased) through his LR and ors. …..Petitioners …..Respondent JUSTICE HARKESH MANUJA , Advocate Jaskanwal Singh Grewal, Advocate By way of present revision petition, challenge has been laid to an order dated 02.07.2024 passed by the learned Additional Fatehgarh Sahib, whereby application filed on behalf of the petitioners/ defendants for seeking rmission to lead additional evidence in the form of Bank statement of deceased petitioner Raj Singh reflecting an entry of receipt of Rs.5 plaintiff, was declined. Briefly stating, based on an alleged agreement to s dated 10.05.2016, the respondent/ plaintiff filed a suit for possession by way of specific performance against the petitioner while claiming was Rs.14 lakhs, out of which lakhs was paid as earnest money, with the balance sale By way of present revision petition, challenge has been laid to an order dated 02.07.2024 passed by the learned Additional Fatehgarh Sahib, whereby an / defendants for seeking in the form of Bank statement Rs.5 Briefly stating, based on an alleged agreement to sell dated 10.05.2016, the respondent/ plaintiff filed a suit for possession by way of specific performance against the petitioner while claiming out of which balance sale SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document CR-3916- consideration of Rs. sale deed. 3. execution of alleged agreement while stating that in fact the respondent/ and that defendants whereupon 4. framed. The evidence of the respondent/plaintiff got concluded on 18.03.2023 and thereafter the evidence of petitioners commenced on 19.04.2023. However, having availed sufficient opportunities, the evidence of the petitioners was closed b thereafter, the Court on 22.05.2024 evidence in the form of bank statement of Raj Singh (since deceased). The said Court vide order dated 02.07.2024. petition. 5. through the paper 6. petitioners shows that specific pleadings were raised therein to the effect that the respondent/ plaintiff was doing the business of lending -2024 (O&M) [2] consideration of Rs.4.10 lakhs to be paid at the time of execution of sale deed. Upon appearance, the petitioners/ defendants denied the execution of alleged agreement while stating that in fact the respondent/ plaintiff was engaged in that in the year 2015, owning to financial need, petitioners/ defendants borrowed some amount whereupon certain documents were got signed Based on the pleadings of the part framed. The evidence of the respondent/plaintiff got concluded on 18.03.2023 and thereafter the evidence of petitioners commenced on 19.04.2023. However, having availed sufficient opportunities, the evidence of the petitioners was closed b thereafter, the petitioners filed an application before the learned trial Court on 22.05.2024 thereby seeking evidence in the form of bank statement of Raj Singh (since deceased). The said application was Court vide order dated 02.07.2024. I have heard learned counsel for the parties and gone through the paper-book. A perusal of the written statement filed on behalf petitioners shows that specific pleadings were raised therein to the effect that the respondent/ plaintiff was doing the business of lending lakhs to be paid at the time of execution of Upon appearance, the petitioners/ defendants denied the execution of alleged agreement while stating that in fact the the business of lending money owning to financial need, petitioners/ amount from the respondent/ plaintiff got signed as security. Based on the pleadings of the parties, issues were framed. The evidence of the respondent/plaintiff got concluded on 18.03.2023 and thereafter the evidence of petitioners commenced on 19.04.2023. However, having availed sufficient opportunities, the evidence of the petitioners was closed by Court order. Immediately, petitioners filed an application before the learned trial seeking permission to lead additional evidence in the form of bank statement of Raj Singh (since was dismissed by the learned trial Court vide order dated 02.07.2024. Hence, the present revision I have heard learned counsel for the parties and gone A perusal of the written statement filed on behalf of the petitioners shows that specific pleadings were raised therein to the effect that the respondent/ plaintiff was doing the business of lending lakhs to be paid at the time of execution of Upon appearance, the petitioners/ defendants denied the execution of alleged agreement while stating that in fact the the business of lending money owning to financial need, petitioners/ from the respondent/ plaintiff, were framed. The evidence of the respondent/plaintiff got concluded on 18.03.2023 and thereafter the evidence of petitioners commenced on 19.04.2023. However, having availed sufficient opportunities, the y Court order. Immediately, petitioners filed an application before the learned trial additional evidence in the form of bank statement of Raj Singh (since trial Hence, the present revision I have heard learned counsel for the parties and gone of the petitioners shows that specific pleadings were raised therein to the effect that the respondent/ plaintiff was doing the business of lending SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document CR-3916- money on interest and during march 2015, he agreed to advance some loan subject to thumb marking and signin towards security. 7. merits of such pleadings or even the document sought to be adduced in the form of bank statement deceased Raj Singh the mother of respondent/ plaintiff, appears to be relevant for the purpose of conclusive determination of the rights of the parties to the present lis 8. the petitioners, additional evidence as the same could have been easily time of recording of their evidence pragmatic approach rather than order passed by the one effective opportunity to the petitioner evidence in the form of Bank statement of deceased subject to payment of costs of Rs. by the petitioner disbursed in favour of respondent trial Court shall fix a date for th evidence 9. -2024 (O&M) [3] money on interest and during march 2015, he agreed to advance some loan subject to thumb marking and signin towards security. In such circumstances, without commenting merits of such pleadings or even the document sought to be adduced in the form of bank statement deceased Raj Singh; allegedly reflecting an entry of Rs.5 lakhs from the mother of respondent/ plaintiff, appears to be relevant for the purpose of conclusive determination of the rights of the parties to the lis. Undoubtedly, there has been some delay on the part of the petitioners, in filing the application additional evidence as the same could have been easily time of recording of their evidence in affirmative. gmatic approach rather than a hyper passed by the learned trial Court, one effective opportunity to the petitioner evidence in the form of Bank statement of deceased subject to payment of costs of Rs.25,000/ by the petitioners with the trial Court on the date fixed disbursed in favour of respondent-plaintiff. trial Court shall fix a date for the petitioners to lead additional evidence as recorded herein. Disposed off accordingly. money on interest and during march 2015, he agreed to advance some loan subject to thumb marking and signing of certain papers In such circumstances, without commenting upon the merits of such pleadings or even the evidentiary value of the document sought to be adduced in the form of bank statement ting an entry of Rs.5 lakhs from the mother of respondent/ plaintiff, appears to be relevant for the purpose of conclusive determination of the rights of the parties to the there has been some delay on the part of application for seeking permission to lead additional evidence as the same could have been easily led at the in affirmative. However, adopting a hyper-technical one, the impugned trial Court, is set aside, thereby granting one effective opportunity to the petitioners so as to lead additional evidence in the form of Bank statement of deceased Raj Singh ,000/-, which shall be deposited with the trial Court on the date fixed and shall plaintiff. Thereafter, the learned e petitioners to lead additional money on interest and during march 2015, he agreed to advance papers upon the evidentiary value of the document sought to be adduced in the form of bank statement of ting an entry of Rs.5 lakhs from the mother of respondent/ plaintiff, appears to be relevant for the purpose of conclusive determination of the rights of the parties to the there has been some delay on the part of seeking permission to lead at the adopting a , the impugned thereby granting so as to lead additional Raj Singh, , which shall be deposited shall be Thereafter, the learned e petitioners to lead additional SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document CR-3916- 10. stand disposed of. 21.04.2026 sanjay -2024 (O&M) [4] Pending miscellaneous application(s), if any, shall also stand disposed of. 21.04.2026 Whether speaking/reasoned? Whether Reportable? Pending miscellaneous application(s), if any, shall also (HARKESH MANUJA) JUDGE Whether speaking/reasoned? Yes/No Yes/No Pending miscellaneous application(s), if any, shall also (HARKESH MANUJA) SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document