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Punjab-Haryana High Court

Surinder Pal vs Tara Singh And Others on 18 December, 2012

Author: A.N. Jindal

Bench: A.N. Jindal

Civil Revision No.7615 of 2012                                    1

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


                             Civil Revision No.7615 of 2012
                             Date of decision: 18.12.2012


Surinder Pal
                                              ......Petitioner


               Versus


Tara Singh and others
                                              .......Respondents

CORAM : HON'BLE MR. JUSTICE A.N. JINDAL

Present:       Mr. Padam Jain, Advocate,
               for the petitioner.

               *****

A.N. Jindal, J.

The order dated 28.09.2012 passed by the trial Court, closing the evidence of the plaintiff-petitioner (hereinafter referred as 'the petitioner') by order, is under challenge.

Having examined the records, the rights of the parties cannot be scuttled due to some unintentional delay in leading evidence.

The laws of procedure are handmaid of the administration of justice and not its slave. In the given circumstances of the case, to impart complete justice to the parties and also to avoid deprivation of full opportunity to the petitioner, I deem it appropriate to provide some time to the petitioner to complete his evidence. However, the delay could be compensated with costs.

Civil Revision No.7615 of 2012 2

Resultantly, this petition is accepted; impugned order is set aside and one effective opportunity is granted to the petitioner to conclude his evidence, subject to payment of Rs.5000/- as costs.

This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move this Court for recalling this order.

(A.N.Jindal) 18.12.2012 Judge ajp