Allowed

Gurmail Singh v. Balwant Singh & Ors.

Punjab & Haryana HC7 Sept 2011CR/5328/2011

Case brief

AI extract

What is this about?

The High Court allowed the civil revision petition. Believing the petitioner's counsel, the Court directed the trial court to permit the petitioner-defendant to examine two witnesses on the next hearing date subject to payment of costs.

What did the court decide?

The impugned order setting aside evidence closure was deleted. Petitioner granted opportunity to examine two witnesses on next date subject to Rs. 3,000/- costs.

Gurmail Singh Vs Balwant Singh & Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.5328 of 2011 (O&M)

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Date of decision: 7^th September, 2011

Gurmail Singh

… Petitioner

Versus

Balwant Singh

… Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Malkeet Singh, Advocate for the petitioner.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order (Annexure P-1) dated 12^th August, 2011 whereby the Court of Civil Judge (Junior Division), Ludhiana has closed the evidence of the petitioner-defendant.

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Mr. Malkeet Singh, Advocate appearing on behalf of the petitioner, has stated at bar that the next date of hearing fixed before the trial Court is 9^th September, 2011. Learned counsel has further stated at bar that after passing of the impugned order (Annexure P-1), no proceedings have taken place before the trial Court.

¶14

Believing the statement made at bar by counsel for the petitioner to be true, this Court is of the view that another opportunity can be granted to the petitioner-defendant to conclude his evidence.

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Counsel for the petitioner has stated that he intends to examine only two witnesses namely, Sanjeev Kumar son of Diwan Chand and Harbans Singh, Deed-Writer. Counsel has further stated that

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Civil Revision No.5328 of 2011 (O&M)

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these witnesses will be examined by the petitioner-defendant at his own risk and responsibility.

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From a perusal of the impugned order (Annexure P-1), it can be comprehended that the day when the evidence was closed, it was the last and final opportunity for the petitioner-defendant to conclude his evidence. Thus, considerable time has been consumed by the petitioner-defendant to conclude the evidence.

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Taking totality of circumstances into consideration, present petition is disposed of with a direction to the trial Court to permit the petitioner-defendant to examine two witnesses, namely Sanjeev Kumar son of Diwan Chand and Harbans Singh, Deed-Writer on the next date of hearing at his own risk and responsibility, subject to payment of cost of Rs.3,000/-.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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September 7, 2011 rps

Gurmail Singh v. Balwant Singh & Ors.

Case brief

What is this about?

What did the court decide?

Gurmail Singh v. Balwant Singh & Ors.

Case brief

What is this about?

What did the court decide?

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