Pritpal Singh Aurora vs Rajinder Singh Aurora & Ors on 18 March, 2009

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Punjab-Haryana High Court

Pritpal Singh Aurora vs Rajinder Singh Aurora & Ors on 18 March, 2009

Bench: K. Kannan

Civil Revision No.5645 of 2008 (O&M)                            -1-

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                    Civil Revision No.5645 of 2008 (O&M)
                    Date of decision: 18.03.2009

Pritpal Singh Aurora                               .............Petitioner

                                  Vs.

Rajinder Singh Aurora & Ors                        ............Respondents

Present: Mr. B.R. Mahajan, Advocate with
         Mr. V.K. Kaushal, Advocate
         for the petitioner.

          Mr. Ashwani Kumar Chopra, Sr. Advocate
          with Mr. Anil Mehta, Advocate
          for respondent Nos.7 and 8.

CORAM: HON'BLE MR. JUSTICE K. KANNAN

1.    Whether Reporters of local papers may be allowed to see
      the judgment ?
2.    To be referred to the Reporters or not ?
3.    Whether the judgment should be reported in the Digest?
                           -.-
K.KANNAN, J.(ORAL)

1. The revision is against an order permitting the legal heirs of the 3rd defendant to give evidence after the plaintiff's side was closed. The petition came through the 2nd defendant, who contended that the legal heirs were actually supporting the plaintiff and their application for filing a separate written statement had earlier been rejected by the Court and that order had also become final. According to him, the legal heirs of the 3rd defendant ought not to be permitted to lead any evidence against the pleadings and if the defendants supported the plaintiff now, the permission that they were seeking to adduce evidence will cast irreparable harm to the 2nd defendant.

2. The Court, while allowing the application and permitting the legal heirs of the 3rd defendant to adduce evidence, has, in my Civil Revision No.5645 of 2008 (O&M) -2- view, protected the interest of the 2nd defendant by directing that the plaintiff shall first cross-examine and then the 2nd defendant shall have the right of cross-examination. No person who is arrayed as a party can ever be denied the right to tender his evidence. The truth or otherwise of the evidence could only be tested in the cross- examination and a party defendant cannot be thrown out at the threshold from offering the evidence which he proposes to tender before the Court. It will be always possible for the 2nd defendant to substantiate his own alleged plea of collusion between the plaintiff and the legal heirs of the 3rd defendant. The 2nd defendant will be entitled to take up all the defences open to him to impeach the value of the evidence proposed to be tendered by the legal heirs of the third defendant.

3. There is nothing amiss in the order of the Court below to be susceptible for interference in revision. Revision petition is consequentially dismissed.





                                                   (K. KANNAN)
March 18, 2009                                        JUDGE
Pankaj*

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