Allowed

Raj Bala v. Subhash Chand & Ors.

Punjab & Haryana HC6 Nov 2009CR/4720/2009

Case brief

AI extract

What is this about?

The High Court allowed the revision petition challenging the closure of defendant-petitioner's evidence in a partition suit. The court set aside the impugned order and directed the trial court to grant a single opportunity to the petitioner to appear as her own witness, subject to payment of Rs. 3000 costs.

What did the court decide?

Impugned order set aside; petitioner granted one opportunity to appear as her own witness subject to payment of Rs. 3000 costs.

Raj Bala Vs Subhash Chand & Ors. — Property and Title | Punjab & Haryana HC (2009)

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C.R. 4720 of 2009

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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C.R. 4720 of 2009 Date of decision:- 6.11.2009

Raj Bala

petitioner

Subash Chand and others

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Respondent

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Present: Mr.Naveen Sheoran, Advocate for Mr. Gaurav Mohunta, Advocate. Mr. Karan Bhardwaj, Advocate for respondent No.1

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1. Whether Reporters of local papers may be allowed to see the judgment ?

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2. To be referred to the Reporters or not ?

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3. Whether the judgment should be reported in the Digest?

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M.M.S.BEDI,J.

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Through the instant revision petition, the defendant-petitioner has challenged order dated 1.8.2009 passed by Civil Judge (J.D.) Jagadhri closing her evidence. The main contention of the learned counsel for the petitioner is that the petitioner was added as a defendant under Order 1 Rule 10 CPC on 1.11.2006 and that she was permitted to file the written statement but she has not been given an opportunity to even examine herself as DW. A perusal of the impugned order indicates that the trial court has reflected its satisfaction in the order that despite many opportunities and even last opportunity, the defendant has not completed her evidence. There does not appear to be any reason to doubt the said satisfaction but at the same time, keeping in view the interest of justice, it is felt that the defendant- petitioner can be permitted to appear as her own witness in the suit for separate possession by partition, which has been filed by the plaintiff- respondent Subhash Chand subject to payment of

C.R. 4720 of 2009

costs.

In view of the above, the revision petition is allowed, impugned order dated 1.8.2009 is hereby set aside and it is directed that the trial court will give one opportunity to the defendant- petitioner to appear as her own witness and to produce any other evidence on one date, to be fixed by the trial court subject to payment of Rs.3000/- as cost. No other opportunity will be given to the petitioner. It is made clear that in case cost is not paid or the petitioner does not produce her evidence at her own responsibility, on the date fixed by the trial, the revision petition will be deemed to have been dismissed.

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November 6 ,2009 (M.M.S.BEDI) TSM JUDGE

Raj Bala v. Subhash Chand & Ors.

Case brief

What is this about?

What did the court decide?

Raj Bala v. Subhash Chand & Ors.

Case brief

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What did the court decide?

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