Dismissed

Hari Chand @ Harish Chand (Since Deceased) through His Lr Maya Devi v. Rishi Raj (Since Deceased) through His Lrs and Ors.

Punjab & Haryana HC18 Sept 2024CR/5424/2024

Case brief

AI extract

What is this about?

Revision petition against dismissal of an application for additional evidence in a specific-performance suit. The petitioner-defendant sought to add specimen thumb impressions and signatures after defendant's evidence was closed. The High Court found no merit, upholding the trial court's view that the application was a delaying tactic.

What the court decided

AI extract

Hari Chand @ Harish Chand (Since Deceased)… — Specific Performance | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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133

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CR-5424-2024 Date of Decision.:18.09.2024

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Hari Chand @ Harish Chand (since deceased) through his Legal Representa3ve Maya Devi

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…..Pe33oners

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Vs.

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Rishi Raj (since deceased) through his Legal Representa3ves and another

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.….Respondents

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Mani Ram Verma, Advocate for the pe��oners.

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DEEPAK GUPTA, J. (ORAL)

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Pe��oner is aggrieved by the order dated 21.08.2024 (Annexure P-6) passed by the trial Court, whereby applica�on for addi�onal evidence has been dismissed in civil suit bearing CIS No.CS-3234-2015 �tled “Rishiraj v. Harish Chand @ Hari Chand & Others”.

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Learned counsel for the pe��oners has been heard. Paperbook perused.

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Suit for specific performance was filed by the plain�ff (respondent herein) based upon an agreement to sell dated 02.07.2013. Defendant No.1 Hari Chand (since deceased) denied the execu�on of the agreement. Issues were framed. Both the par�es led the evidence. As it appears that during pendency of the suit, defendant No.1 Hari Chand expired and his legal representa�ve are brought on record. Pe��oner herein is one of the LR of the deceased- defendant Hari Chand. Said pe��oner moved an applica�on for addi�onal evidence so as to bring on

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NEETIKA TUTEJA 2024.09.19 17:14 I attest to the accuracy and integrity of this document

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CR-5424-2024

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record the specimen thumb impression and signature of deceaseddefendant No.1, which were obtained by Surender Singh, who had been appointed as Local Commissioner earlier. The applica�on has been rejected by way of the impugned order.

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It has been no�ced by the trial Court that defendants were granted first opportunity to lead the evidence on 26.11.2019 and thereaAer, aAer availing as many as 34 effec�ve opportuni�es, the evidence of the defendants was closed on 31.05.2023 i.e. aAer a period of more than 3½ years. It is at that stage that the pe��oner- defendant No.1 (a) moved the applica�on for addi�onal evidence.

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Learned trial Court has rightly observed that applica�on had been moved as a tac�c to delay the proceedings. Par�es were well aware of their respec�ve stands. Numerous opportuni�es had already been availed by pe��oner - defendant. There was no jus�fica�on for gran�ng opportunity to produce any addi�onal evidence to the defendantpe��oner.

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Finding no merit in the pe��on, same is hereby dismissed.

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(DEEPAK GUPTA) JUDGE September 18, 2024 Nee�ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

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NEETIKA TUTEJA 2024.09.19 17:14 I attest to the accuracy and integrity of this document

Hari Chand @ Harish Chand (Since Deceased) through His Lr Maya Devi v. Rishi Raj (Since Deceased) through His Lrs and Ors.

Case brief

What is this about?

What the court decided

Hari Chand @ Harish Chand (Since Deceased) through His Lr Maya Devi v. Rishi Raj (Since Deceased) through His Lrs and Ors.

Case brief

What is this about?

What the court decided

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