Mahipal Singh vs Vinod Devi And Others on 3 April, 2014

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Punjab-Haryana High Court

Mahipal Singh vs Vinod Devi And Others on 3 April, 2014

Bench: Jaswant Singh

CR 2444/2014                                                                           109

         IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH



                                                Date of decision:03/04/2014.

Mahipal Singh
                                                .............Petitioner

                           v.

Vinod Devi and others

                                                .............Respondents


CORAM: HON'BLE MR.JUSTICE JASWANT SINGH



Present:-    Mr.Mukesh Yadav,Advocate for the petitioner

Jaswant Singh,J.(Oral)

Plaintiff is in revision under Article 227 of the Constitution assailing the order dated 21.3.2014 (P-1) whereby his evidence has been closed by court order.

Petitioner/plaintiff has filed a suit for declaration that he is owner in possession as per his share in the suit land and further challenged the sale deed dated 17.7.2009 executed by defendant no.1- Balbir Singh in favour of defendant no.2 being more than his share.

It is submitted that in the four opportunities availed, the petitioner has led his entire oral evidence and only one more opportunity is required to submit the documentary evidence as mentioned in para 6 of the revision petition. It is submitted that Joshithe said Rajinder Prashad 2014.04.03 13:00 I attest to the accuracy of this Order.

High Court, Chandigarh.

CR 2444/2014 109

documents are material to the case of the plaintiff as set up in the plaint.

After hearing the learned counsel for the petitioner I find that although there is no legal infirmity in the impugned order, however, keeping in view the interest of justice, it is deemed expedient to grant one opportunity to the petitioner to tender his remaining evidence subject to payment of costs.

Accordingly, the revision petition is allowed, impugned order 21.3.2014 (P-1) is modified to the extent that the learned Trial Court shall grant one more effective opportunity to the petitioner on or before the next date of hearing to lead his entire remaining evidence subject to payment of costs of Rs.4000/- to the contesting defendants.

This order has been passed without issuing notice to the defendants to avoid further delay in the matter and to save them from unnecessary litigation expenses. Moreover, they have been adequately compensated by way of payment of costs. However, if the defendants are still aggrieved by this order, they would be at liberty to seek recalling of the same.




03.04.2014                                            (Jaswant Singh)
joshi                                                     Judge




                                                                 Joshi Rajinder Prashad
                                                                 2014.04.03 13:00
                                                                 I attest to the accuracy of this
                                                                 Order.
                                                                 High Court, Chandigarh.

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