Tara Chand vs Bhupinder Singh Aukta on 3 July, 2023

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Himachal Pradesh High Court

Tara Chand vs Bhupinder Singh Aukta on 3 July, 2023

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 109/2023 Decided on: 03.07.2023 .

    Tara Chand                            ...Petitioner





                                     Versus





    Bhupinder Singh Aukta                  ....Respondent.

........................................................................................... Coram Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting?1 Yes.

For the petitioner: Mr. Rajeshwar Thakur, Advocate.

For the respondent:

Jyotsna Rewal Dua, Judge The evidence of defendant was closed by the learned Trial Court vide order dated 15.09.2022. This order had been assailed by the defendant in the present petition. Notice of the petition was served upon the respondent-plaintiff. However, none has appeared on his behalf, hence, proceeded ex parte.

2. The respondent had instituted a civil suit against the petitioner for specific performance of the agreement to sell dated 27.05.2008 for directing the petitioner-defendant to execute and register the sale deed of the land in question. Prayer for permanent prohibitory injunction was also made for restraining the petitioner-

defendant from alienating, selling, encumbering or creating any 1 Whether reporters of the local papers may be allowed to see the judgment?

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charge over the suit land. The petitioner-defendant filed his written statement. The respondent-plaintiff concluded his evidence. The .

matter was listed for defendant's evidence.

3. The impugned order dated 15.09.2022 gives the impression that numerous opportunities given to the defendant-

petitioner, were not availed by him, which led to imposition of costs of Rs.1500/- upon him. Neither the defendant-petitioner deposited the cost nor he led his evidence. In the circumstances, his (petitioner's) evidence was closed on 15.09.2022. Learned counsel for the petitioner-defendant submitted that the matter is now fixed for hearing of the case before the learned Trial Court on 25.07.2023.

4. Taking note of the facts narrated in the impugned order, the order closing petitioner's evidence cannot be said to be suffering from any error or infirmity. However, considering that in the intervening period due to Corona-19 pandemic, the working of the Court was also affected as also the fact that the suit is still at the stage of hearing coupled with the fact that respondent-plaintiff has chosen not to contest this petition, it would be in the interest of justice to allow one opportunity to the petitioner-defendant to lead his evidence. This shall however be at the cost of Rs.5,000/-, which will be in addition to the cost of Rs.1500/- imposed upon the petitioner-defendant by the learned Trial Court in the impugned ::: Downloaded on - 03/07/2023 20:40:06 :::CIS 3 order. The entire costs of Rs.6500/- shall be payable by the petitioner-defendant to the respondent-plaintiff before the learned .

Trial Court on the next date of hearing. For this purpose, the matter is ordered to be listed before the learned Trial Court on 25.07.2023.

It is made clear that no further opportunity shall be granted to the defendant for leading his evidence.

The petition is disposed of in above terms. Pending miscellaneous application, if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge 3rd July 2023 (rohit) ::: Downloaded on - 03/07/2023 20:40:06 :::CIS

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