Allowed a Civil revision petition under Article 227 directing the Trial Court to grant the petitioner one final opportunity to conclude evidence at his own risk and upon payment of costs, to dispose the custody case on merits.
Directing the Trial Court to grant one opportunity to the petitioner to lead his evidence and payment of Rs.2,500 as costs.
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Civil Revision No.7083 of 2009
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No.7083 of 2009 Date of decision: 2.12.2009
Khem Singh
......petitioner
Versus
Chiranjiv Singh
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.J.S.Cooner, Advocate for the petitioner.
SABINA, J.
Chiranjiv Singh-Respondent filed a petition seeking custody of minor Harmit Singh @ Samar. Vide the impugned order the evidence of the petitioner was closed. Hence, the present revision petition has been filed under Article 227 of the Constitution of India by the petitioner.
Learned counsel for the petitioner has submitted that only maternal grand mother of the minor was to be examined by the petitioner and one opportunity be granted to the petitioner to conclude his evidence.
After hearing learned counsel for the petitioner, I am of the opinion that this petition deserves to be allowed.
Although four effective opportunities were granted to the
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Civil Revision No.7083 of 2009
petitioner to conclude his evidence yet he had failed to do so but in the interest of justice, it would be appropriate to allow one more opportunity to the petitioner to conclude his evidence at his own risk and responsibility. The respondent had concluded his evidence on 26.8.2009. Apparently, the case of the petitioner had been fixed for his evidence by giving him short adjournment. In case the petitioner is allowed to lead his entire evidence, the lis between the parties will be disposed of on merits. Moreover, the other side can be compensated with costs.
Accordingly, this petition is allowed. The trial Court is directed to grant one opportunity to the petitioner to lead his evidence at his own risk and responsibility, subject to payment of Rs.2,500/- as costs. Thereafter, the trial Court shall proceed with the case further in
accordance with law.
(SABINA) JUDGE
December 02, 2009 anita
3 issues framed by the court
Whether the petitioner should be granted an additional opportunity to conclude evidence under Article 227 of the Constitution of India.
Whether the interest of justice requires allowing the petitioner one more chance to lead evidence despite previous adjournments.
Whether costs should be imposed on the petitioner for the additional opportunity granted.
1 provisions across 1 enactments
Khem Singh
Chiranjiv Singh
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
