Disposed

Sandeep Garg v. Ganga Ram and Ors.

Punjab & Haryana HC17 Jul 2009CR/3917/2009

Case brief

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What is this about?

The Punjab and Haryana High Court disposed of a revision petition challenging the Motor Accident Claims Tribunal's closure of the petitioner's evidence. The Court granted one opportunity for the petitioner to conclude his evidence contingent upon paying costs to the respondents.

What did the court decide?

The petitioner shall be granted one opportunity to lead his entire evidence on a date fixed by the Tribunal at his own risk and responsibility, subject to the payment of Rs. 5,000/- to the respondents

Sandeep Garg Vs Ganga Ram and Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No. 3917 of 2009

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Date of Decision: 17.7.2009

Sandeep Garg

....Petitioner.

Versus

Ganga Ram and others

...Respondents.

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

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PRESENT: Mr. Kul Bhushan Sharma, Advocate for the petitioners.

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AJAY KUMAR MITTAL, J.

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In this revision petition filed under Article 227 of the Constitution of India, challenge is to order dated 25.5.2009 passed by the Motor Accident Claims Tribunal, Rewari (for short “the Tribunal”), whereby the evidence of the petitioner has been closed by the order of the Court.

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Learned counsel for the petitioner submitted that in the interest of justice, one opportunity may be granted to the petitioner to lead his entire evidence and the respondents can be compensated by way of costs. He further submits that the petitioner will lead his entire evidence on the date to be fixed by the trial court on his own responsibility.

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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

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C.R. No. 3917 of 2009

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-2-

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disposed of without resorting to that course.

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After hearing 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 lead 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.5,000/- to the respondents as costs. It is, however, made clear that in case the petitioner fails to conclude his entire evidence on the date to be fixed by the trial Court or to pay the costs, as stipulated above, this revision petition shall be deemed to have been dismissed.

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July 17, 2009 gbs

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(AJAY KUMAR MITTAL) JUDGE

Sandeep Garg v. Ganga Ram and Ors.

Case brief

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Sandeep Garg v. Ganga Ram and Ors.

Case brief

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