Partly allowed

Kamla Devi v. Birbal and Others

Punjab & Haryana HC18 Oct 2011CR/6361/2011

Case brief

AI extract

What is this about?

The High Court allowed a revision petition under Article 226 of the Constitution of India and set aside an order closing the petitioner's evidence. The trial court was directed to grant one more opportunity to the petitioner to conclude her evidence.

What did the court decide?

Impugned order set aside; trial court directed to grant petitioner an opportunity to conclude evidence; petitioner pays costs of Rs. 5,000/-.

Kamla Devi Vs Birbal and Others — 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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CR No. 6361 of 2011 (O&M) Date of decision: 18.10.2011

Kamla Devi Verma

....Petitioner

Versus

Birbal and others

...Respondents

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.RS Athwal, Advocate for the petitioner

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Jitendra Chauhan, J.(Oral)

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The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 26.9.2011 passed by learned Additional Civil Judge (Senior Division), SBS Nagar vide which the evidence of the defendant /petitioner was closed by order of the Court.

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Learned counsel for the petitioner contends that the learned trial court was not consistent and invariably, the case was fixed for plaintiff evidence or defendant evidence on a number of occasions. Further contends that when all the witnesses of the petitioner/defendant No.3 were present on 7.10.2011 to lead their evidence by way of affidavits, they were returned by saying that the evidence of the petitioner/defendant No.3 has already been closed. Further contends that in the interest of justice, one opportunity may be granted to the petitioner/ defendant No.3 to lead her evidence and the

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CR No. 6361 of 2011 (O&M)

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-2-

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respondents can be compensated by way of costs. Further contends that the petitioner will conclude her entire evidence at her own risk and responsibility on the date to be fixed by the learned trial court.

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After giving thoughtful consideration to the submissions made above and in the facts and circumstances of the instant case, this Court feels that in the interest of justice, the petitioner deserves to be granted one more opportunity to conclude her entire evidence.

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Accordingly, the present revision petition is accepted. The impugned order dated 26.9.2011 (Annexure P-1) is set aside and the learned Trial Court is directed to grant one more opportunity to the petitioner/defendant No.3 to conclude her entire evidence on the date to be fixed by the learned Trial court, at her own risk and responsibility. The copies of the examination-in-chief of the witnesses to be produced, will be given to the opposite counsel three days in advance. The petitioner is burdened with costs of `5,000/-, which shall be paid to the opposite party.

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18.10.2011 gsv

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(JITENDRA CHAUHAN) JUDGE

Kamla Devi v. Birbal and Others

Case brief

What is this about?

What did the court decide?

Kamla Devi v. Birbal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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