IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 115 CR-6459-2025 Date of Decision:16.09.2025 M/S H.G.K. Developers Pvt. Limited and Another …..Pe44oners Vs. M/s Mi6er Fasteners and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Nimanyu Gautam, Advocate for the peoners. **** DEEPAK GUPTA, J. (ORAL) Peoners herein are the plainffs of civil suit No.1038 of 2014 tled as “M/s H.G.K. Developers Pvt. Ltd. and Others vs. M/s Mi-er Fasteners and Others”, pending before learned Addional Civil Judge (Senior Division), Payal. The peoners are aggrieved by the order dated 04.09.2025 (Annexure P-9), whereby an applicaon moved by peoners- plainffs seeking permission to lead addional evidence has been declined. Learned counsel for the peoners has drawn a-enon towards applicaon (Annexure P-7) which was moved under Secon 151 CPC for leading addional evidence, submi>ng that the documents proposed to be produced in addional evidence were only the cerfied copy of the sale deed dated 13.02.2013 and four jama-bandis of different years and that all these documents are per se admissible. It is also pointed NEETIKA TUTEJA 2025.09.16 18:03 I attest to the accuracy and integrity of this document CR-6459-2025 -2- out that all these documents were already available on the trial Court record but inadvertently, the same were not exhibited by counsel for the peoners- plainffs. Perusal of the impugned order would reveal that while rejecng the applicaon, the trial Court observed that aBer framing the issues on 30.10.2012, plainff had availed more than 30 opportunies to conclude the evidence. ABer closure of the evidence by the defendant, the plainff had filed an applicaon for addional evidence on 29.01.2025 which was disposed of vide order dated 06.02.2025. The case was at the stage of arguments when the instant applicaon was moved. No doubt, the observaons made by the trial Court reflect the negligent conduct and the lackadaisical approach of the peoner but at the same me, the Court cannot ignore the fact that the documents proposed to be produced as addional evidence are only the cerfied copy of the sale deed and the revenue record, which are per se admissible. Having regard to the aforesaid facts and circumstances and without issuing any noce to the respondents, lest it may delay the proceedings of the case, the present peon is hereby accepted. The trial Court is directed to permit the peoner one opportunity to lead the addional evidence as menoned in the applicaon (Annexure P-7) subject to cost of ₹1,00,000/- payable by the peoners- plainffs to the respondents- defendants by way of demand draB. NEETIKA TUTEJA 2025.09.16 18:03 I attest to the accuracy and integrity of this document CR-6459-2025 -3- In case, respondents- defendants are aggrieved by the order, they will be at liberty to approach this Court, since the peon is being disposed of without issuing any noce. (DEEPAK GUPTA) JUDGE September 16, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.16 18:03 I attest to the accuracy and integrity of this document