In this civil revision petition, the High Court allowed a single opportunity to the petitioner-plaintiff to file a reply to the counter claim and conclude evidence, conditional upon payment of `5,000` costs.
Petitioner granted one opportunity to file reply to counter claim and conclude evidence subject to payment of `5,000` costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No.4942 of 2016 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No.4942 of 2016 (O&M) Date of decision:04.08.2016
Gram Panchayat Basai ... Petitioner
Vs.
Mehmooda and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. Ashish Gupta, Advocate for the petitioner.
AMIT RAWAL J. (Oral)
Petitioner-plaintiff is aggrieved of the impugned orders dated 10.02.2016 (Annexure P-1) and 23.02.2016 (Annexure P-2), whereby, its defence in counter claim has been struck off and evidence has been closed by the Court order, respectively.
Mr. Ashish Gupta, learned counsel appearing on behalf of the petitioner submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deems fit, the petitioner will file reply to the counter claim and conclude the evidence on one date. He further submits that no prejudice would be caused to the respondents, who shall be compensated in terms of costs.
I have heard learned counsel for the petitioner and appraised the paper book.
No doubt, the petitioner-plaintiff had taken many adjournments to lead evidence and file reply to the counter claim and failed to do so, but I
Savita 2016.08.11 14:44 I attest to the accuracy and integrity of this document High Court Chandigarh
CR No.4942 of 2016 (O&M)
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am of the view that the lis between the parties is required to be adjudicated on merits and not on technicalities. In order to render justice, I deem it appropriate, to grant one opportunity to the petitioner to file reply in counter claim and conclude evidence including tendering of the documents, if permissible in law, subject to payment of costs of `5,000/- which shall be a condition precedent, will be paid to the contesting respondents.
Accordingly, the revision petition stands allowed.
| (AMIT RAWAL) JUDGE |
|
|---|---|
| August 04, 2016 | |
| savita | |
| Wheather speaking/reasoned | Yes/No |
| Whether Reportable | Yes/No |
Savita 2016.08.11 14:44 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the petitioner-plaintiff, having failed to file reply and conclude evidence after repeated adjournments, should be granted an opportunity to do so.
Gram Panchayat Basai
Mehmooda and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
