The Court granted relief to petitioners in a civil revision petition, setting aside the lower court's order closing evidence to allow them three months to lead evidence after payment of costs.
The order of the Civil Judge setting aside evidence was set aside; petitioners granted three months' time to lead evidence subject to payment of Rs. 5,000/-.
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.
CR No. 1727 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Revision No. 1727 of 2011 (O&M) Date of decision:- 14.03.2011
Jaspal Singh and another
....Petitioners
Vs.
Jarnail Singh and others
....Respondents
CORAM: HON'BLE MR. JUSTICE A.N. JINDAL
Present:Mr. D.P.S. Nabha, Advocate, for the petitioners.
A.N. JINDAL, J (ORAL)
This petition assails the order dated 03.03.2011 (Annexure A-1) passed by the Civil Judge (Junior Division), Nabha, whereby the evidence of the defendants-petitioners (hereinafter referred to as 'the petitioners') was closed by order of the Court.
Learned counsel for the petitioners has been able to persuade me that some material witnesses are required to be examined which are essential for just and proper decision of the case.
As such, this petition is accepted, the order dated 03.03.2011 (Annexure A-1) is set aside and the petitioners are granted three months' time to lead evidence, subject to payment of Rs.5,000/- as costs. No further opportunity shall be given to the petitioners in this regard.
This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the
CR No. 1727 of 2011 (O&M) 2
parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order.
14th of March, 2011 ajp
(A.N.JINDAL) JUDGE
1 issue framed by the court
Whether the impugned order closing evidence of the petitioners should be set aside to afford them an opportunity to examine material witnesses.
Jaspal Singh and another
Jarnail Singh and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
