The High Court allowed a civil revision petition under Article 227 and directed the trial court to grant the petitioner one opportunity to conclude evidence, provided they pay Rs. 5000 as costs.
Order to trial to allow petitioner one opportunity to conclude evidence on date fixed by trial court, subject to payment of Rs. 5000 as costs.
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Civil Revision No.2783 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.2783 of 2009
Date of Decision:21.07.2009
Jitender Sharma son of Ram Babu
.....Petitioner
versus
Jai Parkash Kaushik and another
.....Respondents
CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL.
Present: Mr.B.K.Bagri, Advocate, for the petitioner-plaintiff.
None for the respondents.
AJAY KUMAR MITTAL, J.(Oral)
In this revision petition filed under Article 227 of the Constitution of India, the grievance of the plaintiff-petitioner is to the order dated 16.12.2008 whereby his evidence has been closed by the trial Court.
Learned counsel for the plaintiff-petitioner states that in the interest of justice, one opportunity may be granted to the petitioner to lead the entire evidence at his own risk and responsibility and for this the respondents can be compensated by way of costs. He further submits that the petitioner will conclude his entire evidence on a date to be fixed by the trial Court.
After hearing the learned counsel for the petitioner and in the facts and circumstances of the present case, this Court is satisfied that in the interest of justice, the petitioner deserves to be granted one opportunity
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Civil Revision No.2783 of 2009
to conclude his evidence. Accordingly, this revision petition is disposed of with a direction that the petitioner shall be granted one opportunity to conclude his entire evidence on the date to be fixed by the trial Court at his own risk and responsibility and subject to payment of Rs.5000/- to the respondents as costs. It is, however, made clear that in case the petitioner fails to conclude his entire evidence or to pay the costs on the date so fixed by the trial Court, as stipulated above, this revision petition shall be deemed to have been dismissed.
July 21, 2009 seema
(AJAY KUMAR MITTAL) JUDGE
1 issue framed by the court
Whether to allow a petitioner one opportunity to conclude evidence in interest of justice subject to payment of costs.
1 provisions across 1 enactments
Jitender Sharma
Jai Parkash Kaushik
AJAY KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
