The High Court of Punjab and Haryana dismissed the petition challenging an order refusing to ignore evidence recorded by the Wakf Tribunal after case transfer, holding the Civil Court must proceed from the stage of transfer and no ground for interference exists.
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Civil Revision No. 343 of 2014
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 343 of 2014 Date of Decision: 21.1.2014.
Altaf-Ur-Rehman
.......Petitioner
Versus
Punjab Wakaf Board and another
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.K.Bansal, Advocate, for the petitioner.
SABINA, J.
Petitioner has filed this petition challenging the order dated 16.12.2013 (Annexure P-3) whereby application moved by the petitioner to ignore the testimonies of PW-7 to PW-14 and evidence led by the defendants, was dismissed.
In the present case, suit was transferred to the Wakf Tribunal. During the proceedings, the District Judge recorded the statements of PW-7 to PW-14 and the defendants also led their evidence. When the case was fixed for rebuttal and final arguments, the Tribunal vide order dated 7.9.2007 transferred the case to the Civil Court. At that stage, an application was moved by the plaintiff that the statements of PW-7 to PW-14 and all the defendant's witnesses, recorded by the Wakf Tribunal, be ignored and the statements of the said witnesses be recorded afresh by the Civil Court.
The learned Trial Court rightly dismissed the application as the evidence led before the Tribunal was liable to be considered by the Civil Court on transfer of the case to the said Court. After transfer of the case to the Civil Court, the case was not to be tried Singh Gurpreet 2014.01.22 16:39 I attest to the accuracy and integrity of this document chandigarh
Civil Revision No. 343 of 2014
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afresh but the Civil Court was to proceed further with the case from the stage it was transferred to it. Moreover, qua procedural matter, the plaintiff could not claim as a matter of right that the evidence recorded by the Wakf Tribunal be ignored. The witnesses examined by the plaintiff were duly cross-examined by the counsel for the defendants. The witnesses examined by the defendants were duly cross-examined by the counsel for the plaintiff. The petitioner has not, thus, suffered any prejudice. It appears that the application has been filed merely with a view to delay the case.
No ground for interference is made out.
Dismissed.
(SABINA) JUDGE
January 21, 2014 Gurpreet
Singh Gurpreet 2014.01.22 16:39 I attest to the accuracy and integrity of this document chandigarh
2 issues framed by the court
Whether the Civil Court can ignore evidence recorded by the Wakf Tribunal upon transfer of the case.
Whether the plaintiff has a right to claim that evidence recorded by the Wakf Tribunal be ignored after transfer.
Altaf-Ur-Rehman
Punjab Wakaf Board
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
