Civil Revision petition assailing dismissal of application for summoning witnesses. Court set aside impugned order, allowed petitioner-defendant to lead evidence within three months, imposing costs.
Impugned order set aside; petitioner granted three months to conclude evidence and pay Rs.3000 costs.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 1777 of 2011
Date of decision: March 15, 2011
Life Insurance Corporation of India
.. Petitioner
Vs.
Gurjit Kaur and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Tarun Thakur, Advocate for Mr. B.R. Mahajan, Advocate for the petitioner.
A.N. Jindal, J (Oral)
This petition assails the order dated 22.2.2011 (Annexure P/1) passed by the trial court whereby the application moved by the petitionerdefendant for summoning the witnesses was dismissed.
Having scrutinized the impugned order and gone through the record of the case, it would be expedient in the interest of justice to grant opportunity to the petitioner- defendant to lead his entire evidence.
Under the circumstances, the instant petition is allowed, impugned order is set aside and the petitioner is granted three months from today to conclude his entire evidence subject to payment of Rs.3000/- as costs.
This petition is allowed without issuing notice to the respondents with a view to impart complete justice to the 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.
March 15, 2011 deepak
(A.N. Jindal) Judge
1 issue framed by the court
Whether the trial court was justified in dismissing the petitioner-defendant's application for summoning witnesses.
Life Insurance Corporation of India
Gurjit Kaur
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
