Revision to extend time for evidence. Held: Petitioner granted final opportunity to conclude evidence at own responsibility on date fixed by trial court, based on peculiar facts and no respondent appearance.
One last and effective opportunity granted to petitioner to conclude evidence on date fixed by trial court.
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CR No.6241/2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.6241/2011 Date of decision: 03.11.2011.
Vipan Kumar.
....................Petitioner
v.
Ludhiana Stock Exchange Association Ltd.
.....................Respondent
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.N.K. Jain, Advocate for the petitioner. None for the Respondent.
Jaswant Singh.J.(Oral)
Plaintiff/petitioner has filed instant revision petition under Article 227 of the Constitution for setting aside the order dated 30.09.2011(P-1) passed by the learned trial Court whereby evidence of the petitioner was ordered to be closed.
Briefly noticed the facts of the case are that the plaintiff/petitioner on 27.11.2001 filed a suit for recovery. On 24.08.2011 as no PW was present the trial Court closed the evidence of the plaintiff. Aggrieved against the same petitioner filed civil revision no.5444 of 2011 which was partly accepted by this Court vide order dated 07.09.2011 and the trial Court was directed to provide one more
CR No.6241/2011 2
opportunity to the plaintiff/petitioner to conclude his evidence. While doing so the petitioner was saddled with costs of Rs.5,000/- to be paid to the defendant association.
In compliance with the order dated 07.09.2011 passed by this Court the petitioner/plaintiff paid the cost as well as deposited the diet money for examining two official witnesses of the respondent exchange. Thereafter on 30.09.2011 two witnesses namely Ms. Vibha Tiwari and another summoned witness was present but the said witnesses were not examined by the plaintiff as they had not brought the summoned record upon which the trial Court closed his evidence by order.
It is submitted by the learned Counsel for the petitioner that on 30.09.2011 PW Vibha Tiwari had made a statement that complete summoned record could not be traced and she had further sought ten days time to produce the summoned record, however, the learned trial Court did not concede the request and instead closed the evidence of the plaintiff/petitioner by order, which is against the letter and spirit of order dated 07.09.2011 passed by this Court. It is further submitted that in the absence of summoned record the examination of the aforesaid two witnesses would not have been of any help to the case of the petitioner. In these circumstances, it is prayed that one last but effective opportunity be granted to the petitioner/plaintiff.
Despite service no one has caused appearance on behalf of the respondent/defendant.
CR No.6241/2011 3
After hearing the learned Counsel for the petitioner and keeping in view the peculiar facts and circumstances of the cases, I deem it expedient in the interest of the justice to grant one last and effective opportunity to the petitioner to conclude his evidence at his own responsibility on a date to be fixed by the learned trial Court.
Disposed of in the above terms.
03.11.2011 joshi
(Jaswant Singh) Ju dge
2 issues framed by the court
Whether the petitioner should be granted a final opportunity to examine witnesses and close evidence.
Whether the trial court's refusal to extend time for production of summoned record was justified.
1 provisions across 1 enactments
Vipan Kumar
Ludhiana Stock Exchange Association Ltd.
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
