Punjab-Haryana High Court
Gajjan Singh vs Missar Lal And Others on 27 July, 2009
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 359 of 2009
Date of Decision: 27.7.2009
Gajjan Singh
....Petitioner.
Versus
Missar Lal and others
...Respondents.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
PRESENT: Mr. Surinder Garg, Advocate for the petitioner.
Mr. Raj Karan Singh Verka, Advocate,
for respondents No.1 to 4.
AJAY KUMAR MITTAL, J.
In this revision petition filed under Article 227 of the Constitution of India, challenge is to the order dated 30.10.2008 passed by Civil Judge (Junior Division), Gurdaspur, whereby the evidence of the petitioner has been closed by the order of the Court.
Counsel for the petitioner submitted that in the interest of justice, one opportunity may be granted to the petitioner to lead his entire evidence and the respondents can be compensated by way of costs. He further submits that the petitioner will conclude his entire evidence at his own risk and responsibility on the date to be fixed by the trial court.
After hearing learned counsel for the parties and in the facts and circumstances of the present case, this Court is satisfied that CR No. 359 of 2009 -2- in the interest of justice the petitioner deserves to be granted one opportunity to conclude his entire evidence. Accordingly, the revision petition is disposed of with a direction that the petitioner shall be granted one opportunity to lead his entire evidence on a date to be fixed by the trial Court at his own risk and responsibility and subject to payment of Rs.4,000/- to the respondents as costs. It is, however, made clear that in case the petitioner fails to conclude his entire evidence on the date to be fixed by the trial Court or to pay the costs, as stipulated above, this revision petition shall be deemed to have been dismissed.
July 27, 2009 (AJAY KUMAR MITTAL) gbs JUDGE