Shree Guru Granth Sahib Lohgarh Trust… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Shree Guru Granth Sahib Lohgarh Trust… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Impugned order dated 05.12.2024 (closing petitioner's evidence) set aside to that extent; one last effective opportunity granted to the petitioner to produce his entire evidence before the trial court, subject to deposit of costs of Rs.25,000/- releasable to respondents no.1 and 2 in equal shares (Rs.12,500/- each); failing deposit, petition deemed dismissed; no notice issued to respondents, with liberty to seek recall of the order.

Issue for consideration

Whether the order dated 05.12.2024 closing the petitioner's evidence should be set aside and one last effective opportunity granted to the petitioner to lead his entire evidence before the trial court.

Court's answer

One last effective opportunity should be granted to the petitioner; the impugned order dated 05.12.2024, to the extent that the petitioner's evidence was closed by order, is set aside and the petitioner is permitted to produce his entire evidence before the trial court.

Ratio / Principle

The grant of the last opportunity is subject to the petitioner depositing costs of Rs.25,000/-, to be released to respondents no.1 and 2 (plaintiffs) in equal proportion, i.e., Rs.12,500/- each.

Key takeaways

If the said costs are not deposited, the present petition shall stand deemed to have been dismissed.ratio¶19
No notice is being issued to the respondents, since issuance of notice would further delay the proceedings and entail expenses on the respondents to defend the revision petition.ratio¶19
The respondents remain free to move an application for recalling the present order if any statement made before the Court is found to be false or incorrect.ratio

Detailed headnote1 paragraphs

CIVIL REVISION UNDER ARTICLE 227 - CLOSURE OF EVIDENCE BY ORDER - LAST EFFECTIVE OPPORTUNITY WITH COSTS: Where the trial court (Civil Judge (Jr.Div.), Pehowa) had, by order dated 05.12.2024, closed the evidence of the petitioner-trust, the High Court held that one last effective opportunity should be granted to the petitioner to produce his entire evidence before the trial court, setting aside the impugned order to that extent. The indulgence was made subject to the petitioner depositing costs of Rs.25,000/-, to be released to respondent-plaintiffs no.1 and 2 in equal proportion (Rs.12,500/- each); in default of deposit, the petition to stand deemed dismissed. Notice to the respondents was dispensed with to avoid further delay and expense, with liberty reserved to the respondents to seek recall of the order if any statement made before the Court is found false or incorrect. Petition partly allowed (Vikas Bahl, J.).

CR-1761-2025 1

**IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *****

CR-1761-2025

Date of decision : 24.03.2025

Shree Guru Granth Sahib Lohgarh Trust, Bhagwanpur

... Petitioner

Versus

Harbans Kaur and others

... Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present: Mr. Vivek Goyal, Advocate for the petitioner.

VIKAS BAHL, J.(ORAL)

This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned order dated 05.12.2024 (Annexure P-1) passed by the Civil Judge (Jr.Div.), Pehowa, District Kurukshetra vide which the evidence of the petitioner has been closed by order.

Learned counsel for the petitioner has submitted that the petitioner is a trust and the evidence of the plaintiff was closed on 10.10.2024 and the first date for the evidence of the petitioner was 07.11.2024 and on 05.12.2024 the evidence of the petitioner was closed. It is submitted that thereafter the matter has been adjourned and no rebuttal evidence has been led by the plaintiffs. It is further submitted that in case one effective opportunity is not granted to the petitioner, then, irreparable loss would be suffered by the petitioner and for the inconvenience caused to

Davinder Kumar 2025.03.24 17:33 the plaintiffs, the petitioner is ready to compensate the respondents no.1 and I attest the accuracy and authenticity of this order / judgment

CR-1761-2025 2

It is submitted that the case is now fixed for 25.03.2025.

Keeping in view the above said facts and circumstances, this Court is of the opinion that one last effective opportunity should be granted to the petitioner and accordingly, the present petition is partly allowed and the impugned order dated 05.12.2024 to the extent that the evidence of the petitioner has been closed by order, is set aside and one last effective opportunity is granted to the petitioner to produce his entire evidence before the trial Court and the same would be subject to the petitioner depositing the costs of Rs.25,000/- which would be released to the respondents no.1 and 2 (plaintiffs) in equal proportion i.e., Rs.12,500/- each.

It is made clear that in case the abovesaid costs is not deposited, then the present petition shall be deemed to have been dismissed. 5. In the present case, no notice is being issued to the respondents as issuance of notice to them would further delay the proceedings and would also entail expenses for the respondent to defend the present revision petition. However, it would be open to the respondents to move an application for recalling the present order in case any of the statement made before this Court is found to be false/incorrect.

(VIKAS BAHL) JUDGE

March 24, 2025. Davinder Kumar

Whether speaking / reasoned Yes/No Whether reportable Yes/No

Davinder Kumar 2025.03.24 17:33 I attest the accuracy and authenticity of this order / judgment