Allowed

Baldev Krishan v. Bank of India and Ors.

Punjab & Haryana HC15 Jul 2009CR/3862/2009

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What is this about?

This single-judge Court disposed of a civil revision petition under Article 227 allowing the petitioner one opportunity to conclude evidence in the interest of justice. The order was conditioned on payment of costs and a failure to comply would result in dismissal.

What did the court decide?

The petitioner was granted one opportunity to conclude evidence on a date to be fixed by the trial Court, subject to payment of Rs.3000 costs to respondents.

Baldev Krishan Vs Bank of India and… — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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Civil Revision No.3862 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.3862 of 2009

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Date of Decision:15.07.2009

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Baldev Krishan son of Sh.Tara Chand

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.....Petitioner

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versus

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Bank of India and others

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.....Respondents

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CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL.

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Present: Mr.Sunil Doda, Advocate, for the petitioner-defendant.

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********

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AJAY KUMAR MITTAL, J.(Oral)

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In this revision petition filed under Article 227 of the Constitution of India, the petitioner-defendant has prayed for setting aside the order dated 02.06.2009 passed by the learned Civil Judge (Jr.Division), Abohar, whereby his evidence has been closed by the order of the Court.

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Learned counsel for the 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 the respondents can be compensated by way of costs. He further submits that the petitioner will lead his entire evidence on a date to be fixed by the trial Court.

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Ordinarily, I would have issued notice of motion to the respondents but as the issuance of notice would prolong the case and entail unnecessary expenses to them, the present petition is being disposed of without resorting to that course.

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Civil Revision No.3862 of 2009

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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 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.3000/- 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.

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July 15, 2009 seema

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(AJAY KUMAR MITTAL) JUDGE

Baldev Krishan v. Bank of India and Ors.

Case brief

What is this about?

What did the court decide?

Baldev Krishan v. Bank of India and Ors.

Case brief

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What did the court decide?

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