Revision petition allowed. High Court set aside Additional Civil Judge's order closing defendant's evidence and granted one last opportunity to lead evidence on a date to be fixed by the trial court, subject to payment of Rs.2,000 costs.
Impugned order set aside; petitioner granted one last opportunity to lead evidence; costs of Rs.2,000 to plaintiff.
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.
- 1 -
Civil Revision No.5014 of 2010(O&M)
***********
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5014 of 2010(O&M) Date of decision:20.08.2010.
Paras Ram ...Petitioner Versus Tarsem Singh and another ...Respondents
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Ajay Pal Singh Rehan, Advocate, for the petitioner.
RAKESH KUMAR JAIN, J. (ORAL)
This revision petition is directed on behalf of defendant No.1 against order of the learned Additional Civil Judge (Senior Division), Gurdaspur dated 27.07.2010 by which defendants' evidence has been closed.
Learned counsel for the petitioner has submitted that vide order dated 31.10.2009 the case was adjourned to 14.12.2009 for the purpose of evidence of the defendants. On 14.12.2009, the defendant witness was not present and the case was adjourned to 18.03.2010. On 18.03.2010, again defendant witness was not present and the case was adjourned to 29.04.2010 and last opportunity was given. On 29.04.2010, neither defendants' counsel was available nor defendant witness was present. Again last
Civil Revision No.5014 of 2010(O&M) - 2 -
***********
opportunity was given and the case was adjourned to 15.05.2010. On 15.05.2010, DW1 Harjasdeep Singh tendered his affidavit in his examination-in-chief. A request was made for his cross– examination by the plaintiff and the case was adjourned to 22.07.2010 for cross-examination of DW1 and for remaining evidence of the defendants. The file was taken up on 24.07.2010 as the learned Judge was on leave on 22.07.2010 and the case was again fixed for cross-examination of DW1 and remaining evidence of defendants for 27.07.2010. On 27.07.2010, no defendant witness was present. The learned Court below closed evidence of the defendants on the ground that this case has come within the list of 100 oldest cases and fixed the case for rebuttal evidence and arguments.
Learned counsel for the petitioner, inter alia, contends that though he would not be in a position to find fault with the order of the learned Court below, but one more opportunity may be granted to the defendant to lead his evidence on the date fixed before the learned Court below, on his own risk and responsibility subject to payment of costs.
In view thereof, the present revision petition is allowed. The impugned order is set aside. The petitioner is granted one more/last opportunity to lead his evidence on the date which shall be fixed by the learned Trial Court on 23.08.2010, when the case is fixed before him and on that date (to be fixed by the learned Court
Civil Revision No.5014 of 2010(O&M) - 3 -
below on 23.08.2010) the petitioner may lead his entire evidence, if so advised, subject to payment of Rs.2,000/- as costs which shall be paid to the plaintiff.
Copy dasti.
August 20, 2010. vinod
(RAKESH KUMAR JAIN) JUDGE
1 issue framed by the court
Whether the impugned order closing the defendant's evidence should be set aside to grant a final opportunity to lead evidence.
Paras Ram
Tarsem Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
