In a civil revision, set aside an order closing the petitioner-plaintiff's evidence and allowed the revision. Granted one effective opportunity to conclude evidence subject to payment of Rs. 5,000 costs as a condition precedent.
Set aside the order closing evidence; allowed the revision petition; directed petitioner to pay Rs. 5,000 costs.
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C.R. No.4558 of 2016
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No.4558 of 2016 Date of Decision.11.08.2016
Ravinder Singh
.......Petitioner
Vs.
Simran Kaur and another
........Respondents
Present: Mr. N.S. Dandiwal, Advocate for the petitioner.
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
AMIT RAWAL J. (ORAL)
The petitioner-plaintiff is aggrieved of the order dated 26.02.2016, whereby, his evidence has been closed.
Mr. N.S. Dandiwal, Advocate for the petitioner submits that in case, one opportunity is granted, the plaintiff will conclude the entire evidence.
I have heard the counsel for the petitioner-plaintiff and appraised the paper book and of the view that no doubt, the petitionerplaintiff 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 to conclude the evidence.
Keeping in view the aforementioned observations, the impugned order is set aside and the petitioner-plaintiff shall conclude the evidence in accordance with law subject to payment of costs of `5,000/- which shall be condition precedent. If the costs is not paid as directed, the order passed already by the court below shall stand restored.
PANKAJ KUMAR 2016.08.17 12:05 I attest to the accuracy and integrity of this document
C.R. No.4558 of 2016 -2-
The impugned order is set aside and the revision petition is
allowed.
(AMIT RAWAL) JUDGE August 11, 2016 Pankaj* Whether speaking/reasoned Yes Whether reportable No
PANKAJ KUMAR 2016.08.17 12:05 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner-plaintiff should be granted a fresh opportunity to conclude their closed evidence.
Whether a condition precedent of payment of costs should be imposed before setting aside the order closing evidence.
Ravinder Singh
Simran Kaur
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
