Partly allowed

Ramesh Kumar v. Satya Sarup @ Vivek Sharma and Ors.

Punjab & Haryana HC17 Jan 2013CR/300/2013

Case brief

AI extract

What is this about?

A civil revision petition was filed to challenge a Rent Controller's order closing evidence. The single-judge Court allowed one further opportunity for the tenant to produce a witness if costs of Rs. 5,000 were paid to the Court below within one week. The case was dismissed for quick disposal without delving into merits.

What did the court decide?

Allowed one opportunity to produce witness upon payment of Rs. 5,000 costs to the Court below within one week; dismissed otherwise.

Ramesh Kumar Vs Satya Sarup @ Vivek… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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CR No. 300 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CR No. 300 of 2013 Date of decision January 17, 2013

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Ramesh Kumar

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....... Petitioner

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Versus

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Sayta Sarup @ Vivek Sharma and others

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........ Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. Kunal Dawar, Advocate for the petitioner.

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Whether reporters of local papers may be allowed to see the judgment ?

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To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest?

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K. Kannan, J (oral).

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The petition is filed to allow for one opportunity

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to produce the evidence of a witness which is the last witness for the respondent. The Rent Controller has closed the evidence on an observation that the petitioner who is respondent in the petition below has availed of about 16 opportunities and has not produced the evidence in spite of the last opportunity having been given. I find the order passed by the Rent Controller to be justified but all the same I would not take away an opportunity which the tenant claimed provided he pays `5,000/- costs to the petitioner or his counsel before the Court below within a period of one week from the date of receipt of copy of the order. The petitioner shall bring the witness at his own risk and costs on the day when it is said to be posted for hearing and if there is proof of payment of costs made, the Court

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CR No. 300 of 2013 2

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shall allow the witness to be tendered in Court and provide for cross examination of the witness in accordance with law. If the amount is not paid as directed the order passed shall remain confirmed.

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I have dispensed with notice to make possible

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to quicker disposal of the case, particularly in view of the fact that I have not entered into the merits of contentions of the respective parties that can hamper the trial.

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The civil revision is disposed of.

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(K. KANNAN) JUDGE

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January 17, 2013 archana

Ramesh Kumar v. Satya Sarup @ Vivek Sharma and Ors.

Case brief

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Ramesh Kumar v. Satya Sarup @ Vivek Sharma and Ors.

Case brief

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