Allowed

Sant Singh & Ors. v. Ranjeet Singh & Ors.

Punjab & Haryana HC26 Mar 2009CR/1685/2009

Case brief

AI extract

What is this about?

Single-judge revision under Article 226 set aside order closing evidence without notice due to date error. Court directed grant of one chance to complete evidence subject to costs and issuance of court summons for official witnesses.

What did the court decide?

Impugned order setting aside; directed lower court to grant one opportunity to complete evidence fixed by court on payment of Rs 2000.

Sant Singh & Ors. Vs Ranjeet Singh… — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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Civil Revision No. 1685 of 2009

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(1)

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In the High Court of Punjab & Haryana at Chandigarh

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Civil Revision No. 1685 of 2009 (O&M)

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Date of decision : 26.3.2009

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Sant Singh and others ..... Petitioners vs Ranjeet Singh and others ..... Respondents

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Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Vivek Suri, Advocate, for the petitioners.

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Rajesh Bindal J.

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Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 13.3.2009 passed by the learned court below, whereby evidence of the petitioners was closed by order of the court.

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For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but also the civil suit as well.

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The proceedings in the present case arise out of a suit for declaration filed by respondents no. 1 to 9/ plaintiffs against the petitioners/defendants.

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Learned counsel for the petitioners submitted that the suit was filed by the respondents on 21.2.2005. The evidence of the petitioners/ defendants started on 8.9.2008. On the next date of hearing i.e 8.10.2008, the case was adjourned to 5.12.2008. However, inadvertently, the counsel for the petitioners noted down wrong date as 5.2.2009 instead of 5.12.2008 for which they were proceeded ex-parte on 16.1.2009. Thereafter, the petitioners filed application for setting aside the ex-parte order which was allowed subject to payment of Rs. 2,000/- as costs. Learned counsel for the petitioners submitted that the petitioners wanted to examine only official witnesses for which process of court is necessary and the petitioners cannot examine the official witnesses at their own responsibility. He further submitted that in case one opportunity is granted, the petitioners will

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Civil Revision No. 1685 of 2009

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(2)

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complete their entire evidence on the date fixed.

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The facts submitted by the learned counsel for the petitioner are borne out from the record. It is not a case where the petitioners were merely seeking adjournments and not leading evidence rather after their evidence started on 8.9.2008, evidence was being led. On the date when the impugned order was passed one DW was examined and other witnesses were not present. The case is stated to be fixed before the learned court below on 27.3.2009.

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Accordingly, while setting aside the impugned order dated 13.3.2009, closing the evidence of the petitioners, the learned court below is directed to grant one opportunity to the petitioners for completing their evidence on the date to be fixed by the court. The same shall be subject to payment of Rs. 2,000/- as costs to the respondents. The petitioners are at liberty to get the summons issued for the official witnesses through the court. It is, however, made clear that no further opportunity shall be granted to the petitioners in case they fail to complete their entire evidence on the date fixed.

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The revision petition is disposed of in the manner indicated above.

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Copy of the order be given to the counsel for the petitioners under the signatures of the Court Secretary.

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26.3.2009 ( Rajesh Bindal) vs. Judge

Sant Singh & Ors. v. Ranjeet Singh & Ors.

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Sant Singh & Ors. v. Ranjeet Singh & Ors.

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