High Court allowed civil revision petition setting aside orders closing petitioner-plaintiffs' evidence. Court granted two opportunities to examine two witnesses subject to payment of 5,000 costs.
Impugned orders set aside; petitioners granted two opportunities to examine two witnesses subject to payment of costs of Rs. 5,000.
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Civil Revision No.1525 of 2016
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.1525 of 2016 Date of decision:27.02.2016
Harbans Singh and others
... Petitioners
Vs.
Amritpal Singh and another
... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. P.S.Jammu, Advocate for the petitioners.
AMIT RAWAL J. (Oral)
The petitioner-plaintiffs are aggrieved of the impugned orderd dated 28.01.2016 and 08.02.2016, whereby, their evidence has been closed by order.
Mr. P.S.Jammu, learned counsel appearing on behalf of the petitioner-plaintiffs submits that in case, one opportunity is granted, he will conclude the evidence as he has to examine only two witnesses. List of witnesses has been given.
I have heard learned counsel for the petitioner-plaintiffs and appraised the paper book and of the view that no doubt, the petitioner-plaintiffs were negligent in concluding the evidence. However, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant two effective opportunities to
SAVITA DEVI KADIAN 2016.03.03 14:27 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Revision No.1525 of 2016
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the petitioners to examine only two witnesses.
Keeping in view the aforementioned observations, the impugned orders are set aside and the petitioner-plaintiffs shall examine only two witnesses, in accordance with law, subject to payment of costs of `5,000/- which shall be condition precedent. Accordingly, revision petition stands allowed.
(AMIT RAWAL) JUDGE
February 27, 2016 savita
SAVITA DEVI KADIAN 2016.03.03 14:27 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the impugned order closing the petitioner-plaintiffs' evidence should be set aside to allow examination of two witnesses.
Whether costs shall be imposed as a condition precedent for granting the additional opportunity to examine witnesses.
Harbans Singh and others
Amritpal Singh and another
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
