Punjab-Haryana High Court
Ravi Kumar And Another vs Smt. Kailash Devi And Others on 7 September, 2010
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
Civil Revision No.5664 of 2010 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No.5664 of 2010
Date of decision:07.09.2010.
Ravi Kumar and another ...Petitioners
Versus
Smt. Kailash Devi and others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. Sandeep Jasuja, Advocate,
for the petitioners.
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RAKESH KUMAR JAIN, J. (ORAL)
Petitioners has challenged order dated 28.05.2010 passed by the Additional Civil Judge (Senior Division), Jalalabad by which evidence of the plaintiffs has been ordered to the closed.
Learned counsel for the petitioners submits that after the framing of issues on 06.12.2007, the case was adjourned for evidence of the plaintiffs for about 7 times. On 03.06.2009, they had examined one PW but his cross-examination was deferred on the request of counsel for the defendants. On 26.08.2009, cross-examination of PW1 was concluded and the case was adjourned to 09.12.2009 and the last opportunity was granted to the plaintiffs for the remaining evidence. On 09.12.2009, no PW was present and the case was again adjourned to 17.02.2010. The last opportunity granted at that time continued on the next date of hearing as well and on the fateful day, i.e. 28.05.2010, the evidence of the plaintiffs has been closed on the ground that 5 last opportunities were granted to the plaintiffs/petitioners but they have not concluded their evidence. Learned Civil Revision No.5664 of 2010 -2- ******* counsel for the petitioners submits that they have to examine only the Hand Writing Expert as this case pertains to exchange of the land on the basis of a writing which they have denied.
After considering facts and circumstances of the case, I am of the view that one more opportunity can be granted to the plaintiffs/petitioners to conclude their evidence. Therefore, without issuing notice, this revision petition is disposed of and the plaintiffs/petitioners are granted one last opportunity to conclude their evidence on the date fixed before the learned Trial Court i.e. 27.09.2010. The opportunity shall be, however, subject to payment of ` 5,000 as costs.
September 07, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE