The High Court allowed a civil revision petition, setting aside an order closing the petitioner's evidence, and granted one effective opportunity to conclude evidence upon payment of costs.
Impugned order set aside; petitioner granted opportunity to conclude evidence upon payment of 5000/- costs.
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Civil Revision No.1618 of 2016 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.1618 of 2016 (O&M) Date of decision:02.03.2016
Nafe Singh
... Petitioner
Vs.
Sham Bahadur
... Respondent
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. Sunil Bhardwaj, Advocate, for Mr. Bhag Singh, Advocate for the petitioner.
AMIT RAWAL J. (Oral)
The petitioner-defendant is aggrieved of the order dated 01.02.2016, whereby, his evidence has been closed by order.
Mr. Sunil Bhardwaj, learned counsel appearing on behalf of the petitioner-defendant submits that in case, one opportunity is granted, he will conclude the entire evidence.
I have heard learned counsel for the petitioner-defendant and appraised the paper book and of the view that no doubt, the petitioner-defendant was negligent in concluding the evidence. However, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one effective opportunity to the petitioner-defendant to conclude the entire evidence.
Keeping in view the aforementioned observations, the
SAVITA DEVI KADIAN 2016.03.09 14:32 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Revision No.1618 of 2016 (O&M)
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impugned order dated 01.02.2016 is set aside and the petitionerdefendant shall conclude the evidence 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
March 02, 2016 savita
SAVITA DEVI KADIAN 2016.03.09 14:32 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether to allow the petitioner a further opportunity to conclude evidence in a civil suit.
Nafe Singh
Sham Bahadur
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
