The High Court allowed the revision petition and set aside the impugned order closing rebuttal evidence. It directed the trial court to grant the petitioner one opportunity to examine a handwriting expert who was indisposed.
Impugned order dated 13.9.2011 set aside and trial court directed to grant one opportunity to examine the Handwriting Expert.
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Civil Revision No. 5727 of 2011
1
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 5727 of 2011
Date of Decision: 20.9.2011
Manjit Kaur
... Petitioner
Versus
Gurdial Kaur and Others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Aman Bansal, Advocate for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present revision petition has been filed aggrieved against the order dated 13.9.2011 (Annexure P5), passed by the Court of Civil Judge (Junior Division), Dhuri, whereby rebuttal evidence of the plaintiff/petitioner has been closed by order.
The trial Court has stated that a single opportunity to lead evidence in rebuttal was granted to the plaintiff on 9.6.2011 and the same was extended vide order dated 3.9.2011, which was further extended to 13.9.2011. On 13.9.2011, the petitioner/plaintiff had placed on record the prescription/OPD slip received through FAX and prayed for an adjournment on the ground that the Handwriting Expert had fallen ill and he was advised bed rest for five days. The trial Court noticed the fact that the report of the Handwriting Expert has already been placed
Civil Revision No. 5727 of 2011
2
on record.
Having perused the impugned order (Annexure P5), this Court is of the view that the trial Court ought to have granted one opportunity to the petitioner/plaintiff to examine the Handwriting Expert in rebuttal especially when the medical certificate was placed on record that the Handwriting Expert was indisposed and unable to attend the Court.
Thus, the present revision petition is accepted and the impugned order dated 13.9.2011 (Annexure P5) is set aside. The trial Court is directed to grant one opportunity to the petitioner/plaintiff to examine the Handwriting Expert on the date fixed by it.
(Kanwaljit Singh Ahluwalia) Judge
September 20, 2011 “DK”
1 issue framed by the court
Whether the High Court should set aside the impugned order of the trial court closing rebuttal evidence.
Manjit Kaur
Gurdial Kaur
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
