Allowed

Mahipal Singh v. Prem Kaur & Ors.

Punjab & Haryana HC1 Sept 2015CR/7936/2014

Case brief

AI extract

What is this about?

This revision petition challenged an order closing the petitioner's evidence due to witness absence. The High Court held the trial court erred not to follow Order 16 Rule 12 CPC by issuing warrants, and set aside the order allowing the petitioner to lead evidence.

What did the court decide?

Impugned order dated 07.11.2014 set aside; petitioner allowed to lead evidence; trial court directed to secure witness presence.

Mahipal Singh Vs Prem Kaur & Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2015)

¶1

C.M.No.17583-CII-2015 in/and CR No.7936 of 2014 (O&M)

¶2

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

C.M.No.17583-CII-2015 in/and CR No.7936 of 2014 (O&M) Date of decision: 01.09.2015

Mahipal Singh

... Petitioner

Vs.

Prem Kaur and others

... Respondents

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

¶11

Whether reporters of local newspapers may be allowed to see judgment?

¶12

To be referred to reporters or not?

¶13

Whether the judgment should be reported in the Digest?

¶14

Present:Mr. Rakesh Kumar Sharma, Advocate for the petitioner.

¶15

Mr. Ajay Ghangas, Advocate for respondents No.1 to 4.

¶16

Mr. Naveen Batra, Advocate for the respondents No.10 and 11 – HUDA.

¶17

AMIT RAWAL J. (Oral)

¶18

C.M.No.17583-CII-2015

¶19

Prayer in the present application is for early hearing of the

¶20

revision petition which is listed for hearing on 07.12.2015.

¶21

Learned counsel for the applicant/petitioner submits that

¶22

the trial Court has fixed the case for final arguments on 03.09.2015.

¶23

For the reasons mentioned above, which is duly

¶24

SAVITA DEVI KADIAN 2015.09.08 10:31 I attest to the accuracy and integrity of this document High Court Chandigarh

¶25

C.M.No.17583-CII-2015 in/and CR No.7936 of 2014 (O&M)

¶26

¶27

supported by an affidavit, application is allowed and hearing of the petition is pre-poned from 07.12.2015 to today itself.

¶28

CR No.7936 of 2014 (O&M)

¶29

Challenge in the present petition is to the impugned order dated 07.11.2014, Annexure P-6, whereby, the evidence of the petitioner has been closed by order.

¶30

Mr. Rakesh Kumar Sharma, learned counsel appearing on behalf of the petitioner submits that list of witnesses to be summoned was submitted before the trial Court and the witnesses were summoned. However, the witnesses had refused service and the trial Court without resorting to the provisions, as envisaged, under Order 16 Rule 12 CPC, closed the evidence. Therefore, the impugned order suffers from illegality, infirmity and perversity, much less, without jurisdiction.

¶31

I have heard learned counsel for the petitioner and appraised the paper book.

¶32

From the perusal of the previous zimni orders, it is evident that the petitioner had submitted the list of witnesses for effecting the service. However, despite service, none appeared, the trial Court, in my view, ought not to have closed the evidence without resorting to the provisions of Order 16 Rule 12 CPC. In essence, the trial Court should have summoned them by issuing bailable warrants. Thus, no fault can be attributed to the petitioner-plaintiff in not completing the evidence and therefore, there was no occasion for closing the

¶33

SAVITA DEVI KADIAN 2015.09.08 10:31 I attest to the accuracy and integrity of this document High Court Chandigarh

¶34

C.M.No.17583-CII-2015 in/and CR No.7936 of 2014 (O&M)

¶35

¶36

evidence.

¶37

In view of what has been observed above, the impugned order dated 07.11.2014, Annexure P-6, is set aside and the petitioner is allowed to lead the evidence. The trial Court is directed to secure the presence of the witnesses, in accordance with law.

¶38

Accordingly, the revision petition is allowed.

¶39

(AMIT RAWAL) JUDGE

¶40

September 01, 2015 savita

¶41

SAVITA DEVI KADIAN 2015.09.08 10:31 I attest to the accuracy and integrity of this document High Court Chandigarh

Mahipal Singh v. Prem Kaur & Ors.

Case brief

What is this about?

What did the court decide?

Mahipal Singh v. Prem Kaur & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manish Kumar Singh Vs State of Haryana & Anr.

Kulbir Kaur and Anr. Vs State of Punjab and Anr.

Pawan Kumar Vs State of Punjab

Baljinder Singh Vs State of Punjab and Anr.

Shabeg Singh Vs State of Punjab

Gurdial Singh Vs State of Punjab