The High Court allowed the petitioner to lead his entire evidence on the fixed date of 15.09.2009, subject to payment of Rs. 2,500 as costs to the respondent, dismissing the subsequent application for recalling the order closing evidence.
Petitioner permitted to lead entire evidence on 15.09.2009 subject to payment of Rs. 2,500 costs.
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Civil Revision No. 5131 of 2009(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 5131 of 2009 (O&M)
Date of Decision: September 08, 2009
Gama Singh
...... Petitioner
Versus
Mann Chand
...... Respondent
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.Arvind Kashyap, Advocate for the petitioner.
Ajay Tewari, J.
This petition has been filed against the order dated 24.3.2009 closing the evidence of the petitioner and subsequent order dated 04.08.2009 dismissing the application for recalling the said order.
Learned counsel has stated that his client would conclude all his evidence on any one date without the assistance of the Court. A perusal of the zimni orders placed on the file reveals that even though it cannot be denied that many opportunities were granted to the petitioner yet even the respondent has delayed the cross-examination of those witnesses of the petitioner who were present on various dates. Learned counsel informs me that the matter is now fixed for 15.09.2009 for rebuttal and arguments.
In the circumstances it is directed that the trial Court would
Civil Revision No. 5131 of 2009(O&M) 2 permit the petitioner to lead his entire evidence on the date fixed viz. 15.09.2009 subject to costs of Rs. 2500/- to be paid by way of bank draft in favour of respondent Mann Chand. In case the draft is not tendered or evidence not led by 15.09.2009, this revision petition would be deemed to have been dismissed without any further reference to this Court.
Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of.
(AJAY TEWARI) JUDGE
September 08 , 2009 sunita
1 issue framed by the court
Whether the petitioner is permitted to lead all his evidence on a single date with costs.
Gama Singh
Mann Chand
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
