Single judge allowed the revision petition, setting aside the impugned order that closed evidence, to grant the petitioner one opportunity to examine the Medical Officer witness upon payment of costs.
Impugned order dated 15.12.2014 set aside; petitioner granted one opportunity to complete evidence upon deposit of Rs.3000/- costs.
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CR 826/2015
1
111
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:09.02.2015.
Satwinder Singh
.............Petitioner
v.
Surjit Singh and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Jagjot Singh,Advocate for the petitioner
Jaswant Singh,J.(Oral)
Petitioner/plaintiff No.1(claimant) is in revision assailing the order dated 15.12.2014 (P-1) passed by Civil Judge (Junior Division) Kharar, whereby in a suit for recovery of Rs.6 lacs as damages for causing death of Shamsher Singh, father of petitioner, their evidence has been closed by order.
It is submitted that Dr.H.S.Oberoi, Medical Officer, Civil Hospital,Ropar who conducted the post mortem on the dead body of Shamsher Singh is required to be examined for which the plaintiffs have already deposited the diet money, however, summons were not issued by the Ahlmad. It is further submitted that non-examination of said witness will severely prejudice the case of the plaintiffs for no fault on their part. Accordingly, one opportunity, on payment of appropriate costs, has been prayed.
After hearing the learned counsel for the petitioners andRAJINDER PRASHAD JOSHI 2015.02.11 11:39 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CR 826/2015 2 111
perusing the impugned order, in my opinion, it would be expedient in the interest of justice to grant plaintiffs/petitioner one opportunity to complete their evidence.
Accordingly, present revision petition is allowed, impugned order dated 15.12.2014(P-1) is set aside and the petitioner/plaintiffs are granted one opportunity to complete their evidence subject to payment of Rs.3000/- as costs to be deposited with District Legal Service Authority,Ropar.
09.02.2015 (Jaswant Singh) joshi Judge
RAJINDER PRASHAD JOSHI 2015.02.11 11:39 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
2 issues framed by the court
Whether the revision petition should be allowed to grant the petitioner an opportunity to examine the medical officer witness.
Whether costs should be awarded for the extension of evidence.
Satwinder Singh
Surjit Singh and others
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
