Allowed

S C Bhalla v. Usha and Others

Punjab & Haryana HC4 Oct 2012CR/5879/2012

Case brief

AI extract

What is this about?

This revision petition under Article 227 challenged a trial court order closing petitioner's evidence. The High Court allowed the petition, directed the trial court to permit remaining evidence on a fixed date, and imposed heavy costs.

What did the court decide?

Revision petition allowed; trial court directed to permit petitioner to lead remaining evidence on 05.10.2012 subject to payment of Rs. 20,000 as costs precedent.

S C Bhalla Vs Usha and Others — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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C. R. No. 5879 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : C. R. No. 5879 of 2012 (O&M) Date of Decision : October 04, 2012

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S. C. Bhalla .... Petitioner Vs.

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Smt. Usha and others .... Respondents

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CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. Rajiv Kataria, Advocate for the petitioner.

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L. N. MITTAL, J. (Oral) :

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C. M. No. 25036-C-II of 2012 :

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Allowed as prayed for.

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Main Case :

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Notice of motion to respondents no.1 to 4 only (legal representatives of original plaintiff - since deceased). Mr. Rajiv Atma Ram,

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Senior Advocate with Mr. Arjun Partap Atma Ram, Advocate accepts notice on their behalf.

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On request of counsel for the parties, the revision petition is taken up for final hearing and disposal today itself, in view of urgent nature

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C. R. No. 5879 of 2012 (O&M)

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of the matter.

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In this revision petition filed under Article 227 of the Constitution of India, defendant no.3(a) S. C. Bhalla has assailed order dated 28.09.2012 (Annexure P-1) passed by the trial court, thereby closing evidence of the petitioner by court order.

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I have heard counsel for the parties and perused the case file.

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Counsel for the petitioner prayed that only one more opportunity may be granted to the petitioner for his remaining evidence at own responsibility on payment of costs. It is stated that the case is fixed before the trial court for 05.10.2012 i.e. tomorrow and the petitioner would lead his remaining evidence at own responsibility on the said date.

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I have carefully considered the aforesaid prayer.

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By some order of Hon'ble Supreme Court, the trial court has

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been directed to dispose of the suit in time bound manner. Counsel for the parties state that the suit is to be disposed of up to 12.10.2012.

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Perusal of the impugned order reveals that the petitioner was granted last opportunity for his evidence to be adduced on 28.08.2012, but on that date, the petitioner got himself proceeded against ex-parte. The said order was, however, set aside vide order dated 19.09.2012 and thereafter also, the petitioner was granted two more opportunities to lead his evidence on 22.09.2012 and 28.09.2012. The petitioner has, in all, been granted

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C. R. No. 5879 of 2012 (O&M)

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seven opportunities for his evidence.

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It has been alleged by the petitioner that his own crossexamination was to take long time, as per submission of the opposite counsel, and therefore, the petitioner did not bring his other witnesses, although further cross-examination of the petitioner on 28.09.2012 did not take much time, as submitted by counsel for the petitioner.

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Be that as it may, I am of the considered opinion that ends of justice would be met if another opportunity is granted to the petitioner for his remaining evidence at own responsibility, subject to payment of heavy costs.

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Accordingly, the instant revision petition is allowed and trial court is directed to permit the petitioner to lead his remaining evidence at own responsibility on 05.10.2012 only, subject to payment of Rs.20,000/- as costs precedent.

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Copy of this order be given to counsel for the parties under signatures of Special Secretary attached to the Bench.

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October 04, 2012 ( L. N. MITTAL ) monika JUDGE

S C Bhalla v. Usha and Others

Case brief

What is this about?

What did the court decide?

S C Bhalla v. Usha and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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