This court granted the petitioner one last opportunity to conclude evidence at its own risk, subject to payment of costs, to satisfy the interest of justice.
One last opportunity to conclude evidence subject to payment of Rs.5,000/- costs.
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Civil Revision No.5872 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5872 of 2010 Date of decision: 13.09.2010
Air Tel, C-25, SAS Nagar, Mohali
.....Petitioner
Versus
Sukhbir Singh and another
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA
Present:- Mr. Shiv Kumar, Advocate, for the petitioner.
VINOD K.SHARMA, J. (ORAL)
The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 1.9.2010, passed by the learned Civil Judge (Junior Division), Panipat, vide which the evidence of defendant No.1/petitioner was ordered to be closed by passing the following order: -
“One DW Sandeep is present and his cross examination recorded completely. Ld. Counsel for defendant No.2 has closed the evidence after tendering copy of mutation as Ex.D4. No DW on behalf of defendant No.1 is present despite last opportunity. In view of order dated 10.8.2010 evidence of defendant No.1 stands closed by order of the court. To come up on 13.9.2010 for rebuttal evidence.”
Learned counsel for the petitioner does not contest the case on merits and prays that in the interest of justice, the petitioner be granted one last opportunity to conclude its entire evidence, subject to payment of costs.
In view of the stand taken by the learned counsel for the petitioner, this Court feels that it would be in the interest of justice if the
Civil Revision No.5872 of 2010
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petitioner is granted one last opportunity to conclude its entire evidence at its own risk and responsibility on the date to be fixed by the learned
trial Court.
“Ordered accordingly.”
However, this shall be subject to payment of Rs.5,000/-
(Rupees five thousand only) as costs.
Disposed off.
(Vinod K. Sharma) Judge
September 13, 2010 R.S.
2 issues framed by the court
Whether the petitioner should be granted an opportunity to conclude evidence in the interest of justice despite non-appearance.
Whether costs should be awarded when the petitioner is given a last chance to conclude evidence.
Air Tel
Sukhbir Singh
VINOD K.SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
