Punjab-Haryana High Court
Apeejay School vs Geetansha Gera And Anr on 29 April, 2022
Author: Pankaj Jain
Bench: Pankaj Jain
CR No.73 of 2020 (O&M) and other connected matters 1 203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.73 of 2020 (O&M) Date of decision : 29.04.2022 Appejay School ee Petitioner versus GeetanshaGera&amr, ae Respondents CR No.74 of 2020 (O&M) Appejay School ee Petitioner versus RiyaChawla&anr, ae Respondents CR No.75 of 2020 (O&M) Appejay School ee Petitioner versus Chirayu Madhura & ant, sae Respondents CR No.76 of 2020 (O&M) Appejay School ee Petitioner versus Ashutosh Sharma &anr se Respondents CR No.77 of 2020 (O&M) Appejay School ee Petitioner versus Saarth Sharma &amr, ae Respondents CR No.78 of 2020 (O&M) Appejay School ee Petitioner versus Madhav Bhatia&anr ae Respondents POOJA SHARMA 2022.05.04 18:09 | attest to the accuracy and integrity of this document POOJA SHARMA 2022.05.04 18:09 CR No.73 of 2020 (O&M) and other connected matters 2 CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN REK Present :-Mr. H.L.Tikku, Senior Advocate with Ms. Yashmeet, Advocate and Mr. Manav Bajaj, Advocate for the petitioner(s). Mr. M.S.Virk, Advocate and Mr. Vishav Kathuria, Advocate for the respondents. KEK PANKAJ JAIN, J. (ORAL)
By way of present order, I intend to dispose off six petitions wherein identical order of even date i.e. 12.12.2019 in six different suits has been impugned.
It is the plaintiff who has preferred all the revisions against the aforesaid orders.
For convenience the facts are being culled out from CR No.73 of 2020. A bare perusal of the impugned order shall reveal that vide said order it is not only the plaintiff who has been denied opportunity to cross examine defendant's witness-DW1, even the evidence of the defendant has been ordered to be closed.
During the course of hearing, the counsel for the parties are ad-idem that it will be in the interest of both the parties if an opportunity is granted to bring on record their version and cross version and evidence in support thereof.
In the considered opinion of this Court, laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication on merits.
| attest to the accuracy and integrity of this document POOJA SHARMA 2022.05.04 18:09 CR No.73 of 2020 (O&M) and other connected matters 3 This Court is guided by the law laid down by the Apex Court in S.Amarjit Singh Kalra (dead) by LRs and others Vs. Smt. Pramod Gupta (dead) by LRs and others, Civil Appeals Nos.1027-1028 with other connected appeals bearing No.1029-1030 of 1992 decided on 17.12.2002.
No useful purpose will be served by keeping these revisions pending and by delaying the trial further. For the said reasons the impugned orders deserve to be set aside. Both the parties need to be granted opportunity so that the lis may not suffer on account of discrepant evidence.
Without opining on the merits of the impugned orders, the impugned orders dated 12.12.2019 are set aside.
Plaintiff shall be granted an opportunity to cross-examine the witness of the defendant on the next date of hearing before the trial Court which is stated to be fixed for 09.05.2022.
Similarly the defendant shall be at liberty to bring on record evidence in support of her stand in the suits. It is clarified that only one opportunity is being granted by this Court which will be common for both the parties.
All the petitions stand disposed off.
(PANKAJ JAIN ) JUDGE 29.04.2022 Pooja sharma-I Whether speaking/reasoned_ : Yes Whether Reportable : No | attest to the accuracy and integrity of this document