Disposed

Som Nath Alias Soma Singh v. Municipal Council, Zirakpur

Punjab & Haryana HC17 Sept 2024CR/5357/2024

Case brief

AI extract

What is this about?

A civil suit plaintiff's evidence had been closed despite repeated adjournments caused mainly by defendant's counsel. The court set aside the closure order and a subsequent dismissal of his recall application, granting one final opportunity to produce evidence at plaintiff's own cost, subject to payment of costs.

What did the court decide?

One opportunity granted to plaintiff to produce entire evidence, with orders dated 03.02.2023 and 12.08.2024 set aside, subject to Rs 10,000 costs.

Som Nath Alias Soma Singh Vs Municipal Council… — Property and Title | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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******** 123 CR No.5357 of 2024 (O&M) Date of Decision: 16.09.2024 Som Nath @ Soma Singh .....Pe��oner Vs.

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Municipal Council, Zirakpur .....Respondent CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Dr. Anmol Ra&an Sidhu, Senior Advocate, with Mr. Kamal Gupta, Advocate, Ms. Mandeep Kaur, Advocate, and Mr. Sanish Girdhar, Advocate, for the pe��oner.

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DEEPAK GUPTA, J. (Oral)

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Pe��oner herein is plain�ff before the trial Court in Civil Suit �tled as Som Nath Vs. Municipal Council, Zirakpur, pending in the Court of Civil Judge (Junior Division), Derabassi. His evidence was closed vide court order dated 03.02.2023 and his applica�on for recalling the said order was dismissed on 12.08.2024.

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Learned Senior counsel for the pe��oner has drawn a&en�on towards the previous orders which indicate that examina�on-in-chief of PW1-Som Nath (plain�ff) was recorded on 05.05.2022 and his crossexamina�on was deferred for 11.07.2022. Besides the plain�ff was asked to produce the remaining evidence on his own. On 19.09.2022, PW1 was present for recording his cross-examina�on but on the request of proxy counsel for the defendant, ma&er was adjourned to 17.10.2022 and PW1 was bound down for the said date. Again, on 17.10.2022, though PW1 was again present for his cross-examina�on but on the request of proxy counsel for the defendant, ma&er was adjourned for 16.11.2022 for his crossexamina�on and remaining witnesses. Learned Senior counsel has pointed

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VIRENDRA SINGH ADHIKARI 2024.09.19 09:45 I attest to the accuracy and integrity of this document

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out that on 03.02.2023, PW1 could not appear due to certain unavoidable circumstances and on that day, the evidence of plain�ff was closed by no�cing that number of opportuni�es had already been availed by the plain�ff.

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Learned Senior counsel for the pe��oner prays for gran�ng one opportunity to the pe��oner/plain�ff so as to conclude his evidence. 4. Having no�ced the facts as pointed out by learned Senior counsel, and without issuing any no�ce to the respondent in order to avoid unnecessarily delay in the proceedings and in the interest of jus�ce, this pe��on is hereby disposed of by seCng aside the impugned order dated 03.02.2023 (Annexure P-6) and the subsequent order dated 12.08.2024 (Annexure P-9) with the direc�on to the trial Court to grant one opportunity to the pe��oner/plain�ff to produce his en�re evidence at his own, including the conclusion of his cross-examina�on. This order is subject to payment of �10,000/- as costs to be deposited with the District Legal Services Authority, SAS Nagar (Mohali). It is directed that on the next date of hearing before the trial Court, the receipt regarding the deposit of costs shall be produced by the pe��oner/plain�ff and the trial Court shall then fix the date for evidence of the pe��oner/plain�ff. It is further made clear that in case the said cost is not deposited by the pe��oner, then this order will have no effect.

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Since this order has been passed without issuing any no�ce to the respondent in order to avoid unnecessary delay, the respondent will be at liberty to approach this Court in case it feels aggrieved.

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September 16, 2024 adhikari

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( DEEPAK GUPTA ) JUDGE

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Yes/No Yes/No

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Whether Speaking/reasoned Whether Reportable

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VIRENDRA SINGH ADHIKARI 2024.09.19 09:45 I attest to the accuracy and integrity of this document

Som Nath Alias Soma Singh v. Municipal Council, Zirakpur

Case brief

What is this about?

What did the court decide?

Som Nath Alias Soma Singh v. Municipal Council, Zirakpur

Case brief

What is this about?

What did the court decide?

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