High Court revision petition accepted to set aside impugned order as counsel undertook to facilitate plaintiff's self-examination. Trial Court directed to afford one opportunity; costs awarded ₹5,000.
Impugned order set aside; trial Court directed to afford petitioner/plaintiff one opportunity to examine himself as witness; cost of ₹5,000 awarded.
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Civil Revision No.5492 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No.5492 of 2011
Date of Decision: 8.9.2011
Jagdev Singh
... Petitioner
Versus
Hoshiar Singh and Others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Rajesh Kumar Dadwal, Advocate for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present revision petition has been filed impugning the order dated 16.8.2011, passed by the Court of Civil Judge (Junior Division), Mukerian, whereby evidence of the petitioner/plaintiff was closed by order and the case was posted for defendants' evidence on 2.9.2011.
Mr. Rajesh Kumar Dadwal, Advocate, appearing for the petitioner/plaintiff, submits at bar that on 2.9.2011 no proceedings took place and the case was adjourned to 24.9.2011 for defendants' evidence. He further submits that petitioner/plaintiff-Jagdev Singh intends to examine himself only and he will be present in the trial Court on 24.9.2011 and would offer himself for examination and crossexamination. He further submits that the petitioner/plaintiff shall furnish
Civil Revision No.5492 of 2011
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his affidavit in examination-in-chief in the trial Court on 16.9.2011 to facilitate his cross-examination on 24.9.2011.
In view of the above said undertaking given by learned counsel for the petitioner/plaintiff, the present revision petition is accepted. The impugned order dated 16.8.2011 is set aside. The trial Court is directed to afford one opportunity to the petitioner/plaintiff to examine himself as a witness. Since the petitioner has caused delay in culmination of the suit, he is saddled with the cost of ` 5,000.
(Kanwaljit Singh Ahluwalia) Judge
September 8, 2011 “ DK ”
Jagdev Singh
Hoshiar Singh
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
