Punjab-Haryana High Court
Krishan Lal And Another vs Jagan Nath And Others on 23 July, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
-1-
Civil Revision No.4351 of 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No.4351 of 2013
Date of decision: 23.07.2013
Krishan Lal and another
....Petitioners
Versus
Jagan Nath and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the 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 ?
Present: - Mr. Krishan Sehajpal, Advocate, for the petitioners.
*****
PARAMJEET SINGH, J. (ORAL)
Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.7.2013 passed by learned Civil Judge (Junior Division), Jalandhar, whereby the evidence of defendant/petitioners has been closed by order of the court.
Heard.
Learned counsel for the petitioners contends that two witnesses are the summoned witnesses. They could not come present for the reason that they had to appear in other courts also as witnesses. Learned counsel further states that another witness is the defendant. He has already tendered his affidavit as examination-in-chief and he was to Singh Ravinder 2013.07.26 13:30 I attest to the accuracy and integrity of this document Chandigarh -2- Civil Revision No.4351 of 2013 be cross-examined.
Be that as it may, fact remains that court has not taken coercive measures to procure the presence of the summoned witnesses. Secondly, the defendant was to be cross-examined. In the present case, this Court is of the considered opinion that ends of justice would be met if the petitioners are given one opportunity to lead evidence.
For the reasons stated above, present petition is allowed and order dated 16.7.2013 is set aside. Petitioners are afforded one opportunity to lead their evidence, subject to costs quantified at ` 10,000/-, to be paid by the petitioners to plaintiff/respondents. Summoned witnesses shall be summoned with the process of court, if process fee and diet money has already been deposited.
This revision has been allowed without notice to the respondents with a view to avoid delay and expense in view of the nature of the order that has been passed.
Liberty is granted to the respondents to move this court if they are aggrieved against the order.
(Paramjeet Singh) Judge July 23, 2013 R.S. Singh Ravinder 2013.07.26 13:30 I attest to the accuracy and integrity of this document Chandigarh