High Court of Punjab & Haryana disposed of a revision petition challenging closure of evidence in a specific performance suit, granting petitioner two opportunities to lead evidence subject to payment of costs to the respondent.
Petitioner granted two effective opportunities to lead evidence subject to payment of Rs. 5,000 as costs to the respondent.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
C.R. No. 1425 of 2012(O&M) Date of Decision: 7.3.2012.
Ranjit Singh
--Petitioner
Versus
Makhan Singh
--Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:Mr. Amit Verma, Advocate for the petitioner.
TEJINDER SINGH DHINDSA.J
The present revision petition is directed against the order dated 7.12.2011 passed by the Additional Civil Judge (Sr. Divn.), Samrala, in a suit for specific performance filed by the respondent herein. Vide impugned order the court below has noticed that the defendant i.e the present petitioner has availed two opportunities for leading evidence and as no evidence has been led, accordingly, it has been closed by order.
Learned counsel for the petitioner makes a reference to the zimni order at Annexure P-4 appended along with the instant petition to contend that the plaintiff i.e respondent herein had been granted as many as nine effective opportunities to lead his evidence. As such the impugned order closing his evidence is harsh.
The rules of procedure are meant to advance the course of justice. As such, it would be appropriate for the present petitioner to be granted two effective opportunities to lead his entire evidence subject to payment of Rs.5,000/- as costs to be paid to the respondent herein.
Revision petition is disposed of accordingly.
(TEJINDER SINGH DHINDSA) JUDGE
7.3.2012. lucky
2 issues framed by the court
Whether to allow petitioner two opportunities to lead evidence in specific performance suit.
Whether to impose costs on petitioner for granting opportunities to lead evidence.
Ranjit Singh
Makhan Singh
Tejinder Singh Dhillon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
