Allowed

Sita Devi v. Wiliati Ram and Ors.

Punjab & Haryana HC21 Mar 2014CR/2116/2014

Case brief

AI extract

What is this about?

The High Court allowed the revision petition setting aside an ex parte order. The court modified the impugned order directing the Trial Court to grant the petitioner one opportunity to lead evidence, subject to her bearing expenses, in a property dispute.

What did the court decide?

Impugned order dated 13.3.2014 set aside; lower court directed to grant petitioner one opportunity to lead evidence at her own risk upon payment of Rs. 10,000.

Sita Devi Vs Wiliati Ram and Ors. — Property and Title | Punjab & Haryana HC (2014)

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Civil Revision No. 2116 of 2014 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Civil Revision No. 2116 of 2014 (O&M) Date of Decision: 21.3.2014.

Sita Devi

.......Petitioner

Versus

Wilaiti Ram and others

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.......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Anuj Balian, Advocate for the petitioner. ****

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SABINA, J.

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Petitioner has filed this petition challenging the orders dated 28.2.2014 (Annexure P-2) and 13.3.2014 (Annexure P-4).

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Learned counsel for the petitioner has submitted that petitioner was under the bona fide belief that the case in question had been decided along with the other cases pending between the parties. Due to this bona fide mistake, petitioner could not appear before the Trial Court and was proceeded ex parte vide order dated 7.9.2013. Learned counsel has further submitted that petitioner will lead her entire evidence at her own risk and responsibility on one date.

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Plaintiffs have challenged the sale deed dated 20.8.2007 executed in favour of the petitioner. In case petitioner is not allowed to lead her evidence, she would suffer an irreparable loss.

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Keeping in view the submissions made by the learned counsel for the petitioner, it would be just and expedient to grant one opportunity to the petitioner to enable her to lead her evidendce. Moreover, the other side can be compensated with Singh Gurpreet 2014.03.25 10:37 I attest to the accuracy and integrity of this document chandigarh

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Civil Revision No. 2116 of 2014 (O&M)

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costs.

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Accordingly, this petition is allowed. Impugned order dated 13.3.2014 (Annexure P-4) is set aside. Impugned order dated 28.2.2014 (Annexure P-2) is modified to the extent that Trial Court is directed to grant one opportunity to the petitioner to enable her to lead her evidence at her own risk and responsibility subject to payment of ` 10,000/- as costs. Thereafter, the Trial Court shall proceed further with the case, in accordance with law.

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(SABINA) JUDGE

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March 21, 2014 Gurpreet

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Singh Gurpreet 2014.03.25 10:37 I attest to the accuracy and integrity of this document chandigarh

Sita Devi v. Wiliati Ram and Ors.

Case brief

What is this about?

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Sita Devi v. Wiliati Ram and Ors.

Case brief

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