Dismissed

Jit Singh and Ors. v. Avtar Singh

Punjab & Haryana HC21 Nov 2011CR/7099/2011

Case brief

AI extract

What is this about?

Single-judge High Court rejected a revision petition under Article 227. The Court dismissed the plea to reopen evidence in a specific performance suit, holding that the petitioners were grossly negligent and had failed to conclude evidence despite 16 adjournment opportunities and an undertaking to conclude by a specific date. The lower court's order was upheld.

What did the court decide?

The revision petition was dismissed. The order closing the plaintiff's evidence by the Additional Civil Judge was upheld and not set aside.

Jit Singh and Ors. Vs Avtar Singh — Specific Performance | Punjab & Haryana HC (2011)

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CR No.7099/2011 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT

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CHANDIGARH

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CR No.7099/2011 Date of decision: 21.11.2011.

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Jit Singh and others

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

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Col.Avtar Singh

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.....................Respondent

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Coram: Hon'ble Mr.Justice Jaswant Singh

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Present: Mr.Gurnam Singh,Advocate for the petitioners.

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Jaswant Singh.J.(Oral)

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Plaintiffs-petitioners have filed the instant revision petition under Article 227 of the Constitution for setting aside the order dated 3.9.2011 passed by learned Additional Civil Judge(Senior Division) Rajpura whereby their evidence, in the suit for specific performance filed by them, has been closed by order.

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At the time of hearing, learned counsel for the petitionersplaintiffs has not been able to dispute that sufficient opportunities have already been availed by the petitioners and despite that they have not been able to conclude their evidence, as is evident from the impugned order, reproduced below:-

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“Cross examination of PW5 Mani Jain

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CR No.7099/2011 2

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concluded and plaintiff tender into evidence Ex.P6. Counsel for the plaintiff requested for adjournment for further evidence. Heard. The issues in this case were framed on 5.9.2008 and case was adjourned to 27.1.2009, 4.5.2009,

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1.9.2009, 18.1.2009, 26.3.2010, 19.4.2010, 4.6.2010, 7.9.2010, 12.10.2010 for plaintiff evidence and last opportunity was granted for 9.11.2010 subject to cost of Rs.200/-. On 9.11.2010 the plaintiff has failed to conclude the evidence and made undertaking that he will conclude the entire evidence upto 21.11.2010 failing which his evidence shall be closed by order. Thereafter, the case was adjourned to 17.1.2011, 19.2.2011, 19.4.2011, 2.6.2011, 16.7.2011 and 3.9.2011 for evidence of the plaintiffs. But the plaintiff has failed to conclude his entire evidence and no plausible reason has been given for seeking further adjournment of the case for evidence of plaintiffs. Therefore, per amended provisions of Code of Civil Procedure and in view of the undertaking given by counsel for plaintiff no ground has been made out for granting further adjournment to the plaintiff for

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CR No.7099/2011 3

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producing evidence and request for adjournment of the case stands declined. Therefore, the

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evidence of the plaintiff is closed by order.

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Now the case is adjourned to 27.9.2011

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for evidence of the defendant.”

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From a perusal of the impugned order reproduced above, it is apparent that in all 16 opportunities were availed by the plaintiffs for leading their evidence which included 6 last opportunities including imposition of cost. Thus, it is abundantly clear that petitioners have been grossly negligent in leading their evidence and thus do not deserve grant of indulgence by this Court in exercise of its jurisdiction under Article 227 of the Constitution.

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Dismissed.

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21.11.2011 joshi

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(Jaswant Singh) Ju dge

Jit Singh and Ors. v. Avtar Singh

Case brief

What is this about?

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Jit Singh and Ors. v. Avtar Singh

Case brief

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