In Civil Revision No. 2107 of 2023, the Punjab and Haryana High Court allowed the petition and set aside a single judicial order that permitted rebuttal evidence in a specific performance suit.
The impugned order dated 06.01.2023 setting aside an order permitting evidence is set aside; the application for leading evidence stands dismissed.
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.
2023:PHHC:050745
110
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CIVIL REVISION No.2107 of 2023 (O&M) DATE OF DECISION : 12.04.2023
Raghbir Singh …..Petitioner
versus
Jaswinder Singh and Others .....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Shvetanshu Goel, Advocate for the petitioner
Mr. Aayush Gupta, Advocate for the caveator/respondent
..
ALKA SARIN, J. (Oral):
Notice of motion. Learned counsel appearing on behalf of the caveator-respondents accepts notice. Service is complete.
Learned counsel appearing on behalf of the respondents, at the outset, states that the plaintiff-respondents do not wish to pursue the application for leading evidence in rebuttal (Annexure P-4) which has been allowed vide the order dated 06.01.2023 impugned in the present petition because of the fact that in a suit for specific performance filed by the petitioner herein neither the Will dated 28.04.1995 nor the agreement to
PARKASH CHAND 2023.04.13 12:00 I attest to the accuracy and authenticity of this order/judgment.
2023:PHHC:050745
CR-2107-2023
- 2 –
sell dated 28.04.1995 was proved and the suit itself stands dismissed vide judgment and decree dated 02.11.2022.
In view of the statement made by the counsel appearing on behalf of the respondents, the present revision petition is allowed and the impugned order dated 06.01.2023 (Annexure P-6) is set aside. The application for leading evidence in rebuttal (Annexure P-4) stands dismissed. Pending applications, if any, also stand disposed off.
12.04.2023 parkash
(ALKA SARIN) JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
PARKASH CHAND 2023.04.13 12:00 I attest to the accuracy and authenticity of this order/judgment.
1 issue framed by the court
Whether the impugned order allowing the plaintiff-respondents to lead rebuttal evidence should be set aside given the dismissal of the underlying specific performance suit.
Raghbir Singh
Jaswinder Singh and Others
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
