Allowed

Ranjit Singh v. Lehamber Singh

Punjab & Haryana HC17 Jan 2014CR/1334/2013

Case brief

AI extract

What is this about?

High Court allowed civil revision challenging an order closing defendant evidence. Set aside impugned order directing trial court to grant petitioner one chance to lead evidence at risk. Ordered Rs 5000 costs to respondents and directed trial to proceed on merits.

What did the court decide?

Impugned order set aside; trial court directed to grant petitioner one opportunity to lead evidence at risk with payment of Rs. 5,000 costs.

Ranjit Singh Vs Lehamber Singh — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

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Civil Revision No. 1334 of 2013 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Revision No. 1334 of 2013 (O&M) Date of Decision: 17.1.2014.

Ranjit Singh

.......Petitioner

Versus

Lehamber Singh and others

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.......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Hitesh Kaplish, Advocate for the petitioner.

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Mr. Rajiv Sharma, Advocate for Mr. K.S.Sodhi, Advocate for respondent No. 1. ****

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SABINA, J.

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Petitioner has filed this petition challenging the order dated 28.1.2013 (Annexure P-1) whereby evidence of defendant No. 1 except recording of cross-examination of Ranjit Singh and statements of witnesses whose diet money had been deposited, had been closed by order.

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Learned counsel for the petitioner has submitted that petitioner be granted one opportunity to enable him to lead his entire evidence at his own risk and responsibility.

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Learned counsel for respondent No. 1, however, opposed the petition.

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In the present case, a perusal of the impugned order reveals that a very contradictory order has been passed. On the one hand, evidence of defendant No. 1 has been closed but on the other hand, he has been allowed to examine witnesses qua whom diet money has been deposited and cross-examination of the

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Singh Gurpreet 2014.01.20 15:58 I attest to the accuracy and integrity of this document chandigarh

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Civil Revision No. 1334 of 2013 (O&M)

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petitioner has also been allowed to be conducted. Now the learned counsel for the petitioner has submitted that one opportunity be granted to the petitioner to enable him to conclude his entire evidence at his own risk and responsibility. The other side can be compensated with costs. Moreover, in case petitioner is allowed to lead his evidence, the lis between the parties will be disposed of on merits.

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Accordingly, this petition is allowed. Impugned order dated 28.1.2013 (Annexure P-1) is set aside. Trial Court is directed to grant one opportunity to the petitioner to lead his evidence at his own risk and responsibility subject to payment of ` 5,000/- as costs. Thereafter, Trial Court shall proceed further with the trial in accordance with law.

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(SABINA) JUDGE

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January 17, 2014 Gurpreet

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Singh Gurpreet 2014.01.20 15:58 I attest to the accuracy and integrity of this document chandigarh

Ranjit Singh v. Lehamber Singh

Case brief

What is this about?

What did the court decide?

Ranjit Singh v. Lehamber Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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