Allowed

Pawan Kumar v. Shaffi and Ors.

Punjab & Haryana HC14 Sept 2010CR/5911/2010

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AI extract

What is this about?

High Court granted the petitioner one last opportunity to conclude evidence at own risk subject to assisting in summoning official witnesses, conditioned upon payment of costs, under Article 227 rev revisional jurisdiction.

What did the court decide?

One last opportunity to conclude evidence at own risk subject to assistance in summoning official witnesses and payment of Rs.5,000 costs.

Pawan Kumar Vs Shaffi and Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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Civil Revision No.5911 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.5911 of 2010 (O&M) Date of decision: 14.09.2010

Pawan Kumar

.....Petitioner

Versus

Shaffi and others

....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA

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Present:- Mr. Vivek Suri, Advocate, for the petitioner.

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VINOD K.SHARMA, J. (ORAL)

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The petitioner has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 30.8.2010, passed by the learned Civil Judge (Junior Division), Fazilka, vide which the evidence of the petitioner was ordered to be closed by passing the following order: -

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“No evidence of the plaintiff is present again today. The perusal of the record reveals that as many as 13 (thirteen) effective opportunities have been availed by the plaintiff for producing evidence and many a times last opportunities were extended to the plaintiff for producing evidence. The perusal of the record further reveals that once even the heavy costs were imposed but without any result and even till date the plaintiff has failed to conclude his evidence. A request for adjournment is made which is opposed by the opposite counsel. There is no justification for granting any further opportunity for this purpose . Therefore, in these circumstances the evidence of the plaintiff is hereby closed by order. No to come upon 14-92010 for evidence of the defendants. PF/DM, list of witnesses be filed within seven days.”

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Learned counsel for the petitioner does not contest the case on

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merits and prays that in the interest of justice, the petitioner be granted

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Civil Revision No.5911 of 2010 (O&M)

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one last opportunity to conclude his entire evidence at his own risk and responsibility, subject to assistance of the Court in summoning the official witneses.

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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 petitioner is granted one last opportunity to conclude his entire evidence at his own risk and responsibility on the date to be fixed by the learned trial Court, subject to assistance of the Court in examining the official witnesses. It shall be the duty of the petitioner to serve the official witnesses.

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“Ordered accordingly.”

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However, this shall be subject to payment of Rs.5,000/-

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(Rupees five thousand only) as costs.

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Disposed off.

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(Vinod K. Sharma) Judge

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September 14, 2010 R.S.

Pawan Kumar v. Shaffi and Ors.

Case brief

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Pawan Kumar v. Shaffi and Ors.

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