Allowed

Som Nath and Anr. v. Pahti Devi and Ors.

Punjab & Haryana HC18 Jan 2010CR/5872/2009

Case brief

AI extract

What is this about?

High Court granted petitioners one more opportunity to lead evidence in a civil suit, set aside the previous closure order, and directed the trial court to schedule subsequent proceedings, conditioning the concession on payment of Rs. 20,000 costs.

What did the court decide?

Petition allowed; order dated 19.5.2009 set aside; one more opportunity granted to lead evidence subject to payment of Rs.20,000 costs.

Som Nath and Anr. Vs Pahti Devi and… — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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C.R No. 5872 of 2009 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R No. 5872 of 2009 (O&M) Date of decision : January 18, 2010

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Som Nath and another,

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...... Petitioner (s)

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Pathi Devi and others,

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...... Respondent(s)

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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

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Present : Mr. J.K.Goel, Advocate for the petitioners.

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None for the respondents.

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*******

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1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ?

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AJAY TEWARI, J (Oral)

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This petition has been filed challenging the order dated 19.5.2009, whereby the evidence of the plaintiffs/petitioners has been closed.

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Counsel for the petitioners admits that though sufficient opportunities were granted to the petitioners yet if they are granted one more opportunity they would lead their entire evidence. Counsel for the petitioners is, however, not in a position to deny that during this interregnum, the defendants have led their entire evidence and the matter is now fixed for 19.1.2010 for rebuttal and arguments.

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C.R No. 5872 of 2009 (O&M)

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In the circumstances, if this petition is allowed it would only be in the interest of justice to give the respondents further opportunity to lead any evidence which they may have omitted to lead in view of the closure of the evidence of the petitioners. I put it to counsel for the petitioners whether the negligence on the part of the petitioners as well as the fact that the evidence has now been led by the respondents would not dis-entitle the petitioners to lead any evidence. In response, counsel for the petitioners states that the respondents can be compensated by way of costs.

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None has appeared for the respondents.

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In the circumstances, I deem it appropriate to grant to the petitioners one more opportunity to lead their entire evidence. Consequently, this petition is allowed and the order dated 19.5.2009 is set aside. The trial Court is directed to give one date to the petitioners on which date they will lead their entire evidence and thereafter give appropriate opportunity to the respondents to lead their evidence. This concession shall, however, be subject to payment of costs of Rs.20,000/- to be paid by the petitioners, by way of two demand drafts in the sum of Rs.10,000/- each in favour of respondent No.1, and the Haryana Legal Services Authority respectively.

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It is, however, made clear that if the costs are not paid on the date fixed for evidence, this revision petition shall be deemed to be dismissed.

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As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of.

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( AJAY TEWARI ) January 18, 2010. JUDGE `kk'

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C.R No. 5872 of 2009 (O&M) ::3::

Som Nath and Anr. v. Pahti Devi and Ors.

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Som Nath and Anr. v. Pahti Devi and Ors.

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