In this civil revision, the High Court allowed the petitioner one additional chance to conclude his evidence and undergo cross-examination considering fairness, subject to payment of costs.
One opportunity granted to conclude evidence and cross-examination subject to payment of costs of ₹5,000.
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Civil Revision No.5509 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No.5509 of 2011
Date of Decision: 9.9.2011
Jatinder Vig
... Petitioner
Versus
State of Punjab and Others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Pritam Saini, Advocate for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present revision petition has been filed impugning the order dated 6.5.2011 (Annexure P1), passed by the Court of Civil Judge (Senior Division), S.A.S. Nagar, Mohali, vide which evidence of the petitioner/plaintiff was closed by order on the ground that he had availed 16 opportunities including the last opportunity but has not concluded his evidence.
Mr. Pritam Saini, Advocate, appearing for the petitioner, submits at bar that even though the case was adjourned for defendants' evidence for 6.6.2011, on that day, neither their evidence has been recorded nor further proceedings have taken place in the suit and now the case is listed for 5.10.2011 for recording of evidence of the defendants. Learned counsel submits that in case one opportunity is
Civil Revision No.5509 of 2011
2
granted to the petitioner/plaintiff, he will conclude his evidence on the next date of hearing. Mr. Saini has submitted that the petitioner/plaintiff has to examine himself and has already furnished his affidavit in examination-in-chief and on the next date of hearing, he will appear in the Court to facilitate his cross-examination.
After hearing learned counsel for the petitioner and perusing the impugned order, this Court is of the view that even though the conduct of petitioner disentitles him from any relief, yet considering balance of equities and fair play, this Court is of the view that one opportunity can be granted to the petitioner to redeem himself subject to payment of costs.
Hence, the present revision petition is accepted. In case, on 5.10.2011, the petitioner appears before the trial Court, his crossexamination shall be carried out and concluded, subject to payment of costs of ` 5,000.
(Kanwaljit Singh Ahluwalia) Judge
September 9, 2011 “ DK ”
1 issue framed by the court
Whether to allow an additional opportunity to the petitioner to conclude examination-in-chief and undergo cross-examination despite prior delibliance.
Jatinder Vig
State of Punjab
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
