Allowed¶21

Gagandeep Kaur and Anr. v. Harkesh Singh and Ors.

Punjab & Haryana HC10 Jan 2025CR/1570/2023

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, 205 CR-1570-2023 (O&M), Alka Sarin J, 10.01.2025. Keywords: closure of evidence by order; summoned witness bound down but not appearing; Gajjan Singh (Kanungo); zimni orders; Article 227 Constitution of India revision; plaintiff-petitioners vs defendant-respondents; Civil Judge (Junior Division) Rupnagar; order dated 20.01.2023 set aside; one opportunity to conclude entire evidence; due process of law; no penalization for non-appearance of summoned witness; no unnecessary adjournments.

What did the court decide?

Impugned order dated 20.01.2023 set aside; plaintiff-petitioners granted one opportunity to conclude their entire evidence; the Court concerned to ensure the presence of the summoned witness and the Trial Court requested not to grant unnecessary adjournments to either party. ¶21

Gagandeep Kaur and Anr. Vs Harkesh Singh… — Writ and Judicial Review | Punjab & Haryana HC (2025)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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205 CR-1570-2023 (O&M) Date of Decision: 10.01.2025

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GAGANDEEP KAUR AND ANR .... Petitioners

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VERSUS

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HARKESH SINGH AND ORS .... Respondents

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CORAM: HON’BLE MRS. JUSTICE ALKA SARIN

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Present : Mr. A.P.S. Rehan, Advocate for

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Mr. Mohit Jaggi, Advocate for the petitioners.

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Mr. Vijay Lath, Advocate for the respondents.

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ALKA SARIN, J. (ORAL)

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The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.01.2023 (Annexure P-3) passed by the learned Civil Judge (Junior Division) Rupnagar vide which the evidence of the plaintiff-petitioners was closed by order.

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Learned counsel for the plaintiff-petitioners would contend that the witness, namely, Gajjan Singh (Kanungo) had been bound down for 20.01.2023, however, he failed to appear and the evidence of the plaintiffpetitioners was closed by order on the said date. Learned counsel would further contend that even on the previous dates, the said witness was bound down but he did not come present. It is further the contention that once the witness is bound down and he did not appear, it is for the Court to take requisite steps to ensure the presence of the said witness.

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AMAN JAIN 2025.01.13 10:36 I attest to the accuracy and integrity of this order/judgment

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205 CR-1570-2023 (O&M) -2-

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Per contra , learned counsel for the defendant-respondents would contend that despite numerous opportunities the evidence was not led by the plaintiff-petitioners and hence no fault can be found with the impugned order dated 20.01.2023.

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Heard.

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In the present case a perusal of the zimni orders reveals that one of the witnesses, namely, Gajjan Singh (Kanungo) was bound down on various dates, however, he did not appear and had only appeared on 04.11.2022. However, since he did not bring the complete summoned record, he undertook to produce the same on the next date of hearing and he was bound down for 24.11.2022. On 24.11.2022 the said witness did not put in appearance. The same was the situation on the subsequent dates and eventually vide order dated 20.01.2023 the evidence of the plaintiffpetitioners was closed by order. Once the witness had been bound down, it was incumbent on the Court concerned to ensure the presence of the said witness by resorting to due process of law. The plaintiff-petitioners cannot be penalized for the non-appearance of the summoned witness.

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In view of the above, the impugned order dated 20.01.2023 cannot sustain and the same is accordingly set aside. The plaintiff-petitioners are granted one opportunity to conclude their entire evidence. Needless to say that the Court concerned would ensure the presence of the summoned witness. The Trial Court is requested not to grant any unnecessary adjournments to either of the parties.

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AMAN JAIN 2025.01.13 10:36 I attest to the accuracy and integrity of this order/judgment

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