The High Court granted the petitioner one last opportunity to conclude evidence, subject to payment of Rs.5,000 costs, under Article 227 jurisdiction, and disposed of the revision petition.
granted one last opportunity to conclude evidence subject to payment of Rs.5,000 costs
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Civil Revision No.5988 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.5988 of 2010 Date of decision: 16.09.2010
Gurdeep Singh
.....Petitioner
Versus
Mengha Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA
Present:- Mr. G.S. Sandhu, 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 8.9.2010, passed by the learned Civil Judge (Junior Division), Karnal, vide which the evidence of the petitioner was ordered to be closed by passing the following order: -
“No PW is present. The plaintiff neither deposit the previous cost nor examined any witness. Adjournment sought is highly opposed. Heard. The plaintiff has already availed ten opportunities to conclude his evidence but failed to do so. Last four opportunities given to the plaintiff were the last opportunities. Finding no justification to adjourn the case further for plaintiff evidence. The same is closed by order. To come upon 16.9.2010 for defendant 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 his entire evidence, subject to payment of costs.
Civil Revision No.5988 of 2010
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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.
“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 16, 2010 R.S.
1 issue framed by the court
Whether the petitioner can be granted one last opportunity to conclude evidence subject to payment of costs, under Article 227 jurisdiction.
Gurdeep Singh
Mengha Singh
VINOD K.SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
