The Court granted the petitioner one final opportunity to lead evidence upon payment of costs, directing the trial court to fix a date for the same, and disposed of the revision petition.
Petitioner granted one more opportunity to lead evidence upon payment of Rs.1,000/- costs; trial court to fix date.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.2461 of 2009 Date of decision: 1.5.2009
Pargan Singh
......Petitioner
Versus
Harbans Lal and others
......Respondents
CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. Ramesh Sharma, Advocate for the petitioner.
Rakesh Kumar Garg, J.(Oral)
Defendant No.1 has filed this revision petition challenging the order dated 16.3.2009 passed by the Civil Judge (Sr. Division), Nakodar whereby his evidence has been closed by order.
Challenging the aforesaid order, learned counsel for the petitioner has stated that the plaintiff-respondents took almost three years to conclude their evidence whereas the petitioner has been granted only four opportunities. Learned counsel has further stated that the petitioner be granted one more opportunity to lead his entire evidence at his own risk and responsibility as the case is still fixed for cross-examination of witnesses of defendants No.2 and 3 on 22.5.2009 and that no prejudice shall be caused to the respondents as they can be very well compensated by way of costs.
After hearing the learned counsel for the petitioner, I deem it appropriate that the ends of justice will be served if the petitioner is granted one more opportunity to lead his entire evidence at his own risk and responsibility subject to payment of costs of Rs.1,000/- to the respondents. It is made clear that no further opportunity shall be granted to the petitioner and payment of costs shall be condition precedent for allowing him one
CR No.2461 of 2009
-2-
more opportunity to lead his evidence. The petitioner is directed to be present in Court on the date fixed. On that date, the trial Court will fix a further date so as to enable the petitioner to bring his entire evidence as
per the opportunity granted by this Court.
With the aforesaid observations, this revision petition is
disposed of.
May 1, 2009 (RAKESH KUMAR GARG) ps JUDGE
1 issue framed by the court
Whether the petitioner should be granted another opportunity to lead evidence despite the delay in concluding respondent evidence.
Pargan Singh
Harbans Lal and others
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
