Suit

Suit – Authorisation to file on behalf of Company – Evidence – Additional evidence – Material consideration for admitting or disallowing additional evidence is not the number of documents sought to be produced on record but the genuineness of the reason as to why the same could not be produced earlier - The fact remains that no explanation is forthcoming in the present case as to why the said document could not be brought on record earlier - In any case, the document sought to be brought on record is an authorization by the Company – Subsequent authorisation in favour of another person would not have filed up the lacuna in the case of plaintiff as regard lack of authorization – Civil Procedure Code, 1908 (V of 1908).  (2018-3) PUNJAB LAW REPORTER

 

 Suit – Determination determination of the land, as to whether it is 'shamlat deh' or not, is primarily to be considered on the basis of revenue records and entries. Oral evidence in such a case is not of much help or for that matter even necessary; besides, it may be noticed that the parties have filed voluminous documents in the shape of revenue records – It would would be prudent if the khasra numbers of the land which are claimed are identified and the synopsis of the same based on year wise 'Jamabandi' is given with details and the manner in which the transactions in respect of the same have been carried out, that would suffice for the proper adjudication of the case. It needs to be specifically determined as to whether the land would be 'shamlat deh' or not in accordance with law. (2018-1 ) PUNJAB LAW REPORTER