In a revision regarding a specific performance suit where evidence was closed, the court allowed the petitioner one chance to produce evidence as a witness upon payment of ₹5000 costs.
Petitioner allowed one opportunity to appear as witness and produce evidence subject to payment of ₹5000 costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R. No. 6587 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.R. No. 6587 of 2009
Date of Decision: November 12, 2009
Balwinder Singh
…..Petitioner
Vs.
Mewa Singh
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. A.K. Garg, Advocate for the petitioner.
-.-
M.M.S. BEDI, J. (ORAL)
The evidence of the defendant- petitioner has been closed by impugned order dated October 1, 2009. A perusal of the order indicates that after having availed number of opportunities, defendant adopted casual approach and did not produce any evidence.
There is no infirmity in the impugned order but in the interest of justice, taking into consideration the nature of the case i.e. suit for specific performance and possession having been filed by the plaintiff-
respondent on the basis of an agreement of sale, the defendant can be granted one opportunity to produce his entire evidence subject to payment of costs. It will be expedient in the interest of justice to dispose of this revision petition in limine by granting the petitioner one opportunity to appear himself as a witness and to produce his entire evidence on one date of hearing subject to payment of Rs.5000/- as costs. The petitioner will appear before the trial Court on the date fixed alongwith his witnesses. The trial Court will permit him to appear as his own witness and examine his other witnesses present in the Court subject to payment of Rs.5000/- as costs to the plaintiff- respondent.
Disposed of in limine.
Copy of the order be sent to the trial Court through fax.
November 12, 2009 sanjay
(M.M.S.BEDI) JUDGE
1 issue framed by the court
Whether the revision petition should be disposed of in limine despite the impugned order closing evidence.
Balwinder Singh
Mewa Singh
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
