Allowed

Sawinder Singh and Ors. v. Sarwan Singh and Anr.

Punjab & Haryana HC14 Nov 2011CR/6946/2011

Case brief

AI extract

What is this about?

In this revision petition under Article 226, the Court allowed the challenges to the trial court's order closing the petitioners' evidence in a suit for partition. It directed the trial court to grant a final opportunity to lead evidence upon payment of costs.

What did the court decide?

The impugned order closing evidence is set aside and the trial court is directed to grant one last opportunity to the petitioners to lead evidence subject to payment of costs.

Sawinder Singh and Ors. Vs Sarwan Singh and Anr. — Partition | Punjab & Haryana HC (2011)

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CR No.6946/2011 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT

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CHANDIGARH

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CR No.6946/2011 Date of decision: 14.11.2011.

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Sawinder Singh and another

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....................Petitioners

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Sarwan Singh and others

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.....................Respondents

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Coram: Hon'ble Mr.Justice Jaswant Singh

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Present: Mr.Bikramjit Arora,Advocate for the petitioners.

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Jaswant Singh.J.(Oral)

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Petitioners-defendants have filed the instant revision petition under Article 227 of the Constitution assailing the order dated 19.10.2011(P1) passed by Civil Judge (Senior Division) Tarn Taran whereby their evidence has been closed by Court order.

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It is submitted that respondents/plaintiffs 1 to 4 filed a suit for partition by metes and bounds in respect of suit land measuring 3K-1M with consequential relief of permanent injunction restraining the defendants/petitioners from (i) using the common private street belonging to the plaintiffs and defendants 3 to 5; and (ii) restraining defendant no.1 from alienating the suit land to someone else more than his share.

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CR No.6946/2011 2

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From a perusal of the paper book it is apparent that the suit was filed in June 2008. After the framing of issues, plaintiffs/respondents availed as many as 14 opportunities to conclude their evidence during the period from 9.4.2009 to 12.2.2011 and ultimately their evidence was closed by court order on 12.2.2011. Thereafter, the petitioners were granted first opportunity on 3.3.2011 to lead their evidence.

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It is submitted that defendants/petitioners have already examined three witnesses and on 19.10.2011, Sawinder Singh, defendant tendered his affidavit in examination-in-chief, but vide impugned order of even date the learned trial court closed the evidence of the defendants and the aforesaid affidavit of Sawinder Singh, defendant was ordered to be taken off the record. It is thus contended that though sufficient opportunities have been granted to the defendants to lead their evidence, but keeping in view the nature of the lis between the parties coupled with the fact that only Sawinder Singh, defendant no.1 remains to be examined, one last opportunity be granted to the petitioners/defendants to conclude their entire evidence at their own responsibility and subject to such costs as this court may deem appropriate.

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After hearing the learned counsel for the petitioners and keeping in view the facts and circumstances of the present case, I deem it expedient in the interest of justice to grant one last opportunity to the petitioners/defendants to conclude their evidence subject to payment of

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CR No.6946/2011 3

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costs.

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Accordingly, present revision petition is allowed, impugned order dated 19.10.2011(P1) is set aside and the trial court is directed to grant one last opportunity to the defendants/petitioners to lead their entire evidence on a date to be fixed by the trial court. This, shall, however, be subject to payment of costs of Rs.3000/- to plaintiffs by way of demand draft.

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This order is being passed without issuing notice to the respondents/plaintiffs to avoid further delay and expenditure.

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Disposed of accordingly.

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(Jaswant Singh) Ju dge

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14.11.2011 joshi

Sawinder Singh and Ors. v. Sarwan Singh and Anr.

Case brief

What is this about?

What did the court decide?

Sawinder Singh and Ors. v. Sarwan Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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