Revision petition challenging orders denying additional evidence and recalling a witness. The High Court set aside the order declining the recall to allow cross-examination of the witness upon payment of costs and disposed of the petition.
Order dated 7.3.2012 set aside to allow cross-examination of witness Deep Chand on payment of Rs. 1,000/- as costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No. 1655 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No. 1655 of 2012 (O&M) Date of decision : 15.3.2012
Amit
................Petititoner
vs.
Sushil K. Bhardwaj and others
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Kanwaljit Singh, Senior Advocate with Sh. V.K. Saini, Advocate for the petitioner.
K.C. Puri, J.
Challenge in this revision petition is the order dated 1.10.2011 vide which the evidence of the defendant was closed by order and order dated 7.3.2012 vide which the application for additional evidence/recalling witness Deep Chand, was declined.
The petitioner is the defendant before the trial Court and according to counsel for the petitioner affidavit of Deep Chand, Stamp Vendor has been placed on the file. Deep Chand could not come present on 1.10.2011. Counsel for the petitioner has submitted that the trial Court could have resorted to coercive methods to secure the presence of said witness.
CR No. 1655 of 2012 -2-
Notice is not required to be given as it would further delay the proceedings.
The rules and procedures are meant to advance the cause of justice and not to thwart it. According to the petitioner, affidavit of Deep Chand has already been placed on the file.
So, in these circumstances, the impugned order dated 7.3.2012 stands set aside to the extent that cross examination of Deep Chand shall be allowed to be conducted by the plaintiff, on payment of Rs.1,000/- as costs.
The petition stands disposed of.
( K.C. Puri ) 15.3.2012 Judge chugh
2 issues framed by the court
Whether the order declining the application for recalling witness Deep Chand and allowing additional evidence should be set aside.
Whether the petitioner is entitled to cross-examine witness Deep Chand on payment of costs.
Amit
Sushil K. Bhardwaj and others
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
