Punjab-Haryana High Court
Darshan Singh vs Kuldeep Singh And Others on 9 November, 2010
Author: Mahesh Grover
Bench: Mahesh Grover
CR No.7254 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.7254 of 2010 (O&M)
Decided on :09-11-2010
Darshan Singh
....Petitioner
VERSUS
Kuldeep Singh and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Amandeep Agnihotri, Advocate for the petitioner. MAHESH GROVER, J There is no legal infirmity in the impugned order dated 13.9.2010 vide which evidence of the petitioner was closed.
Learned counsel for the petitioner contends that only six opportunities were granted to him to adduce his evidence. He contends that if only one opportunity is granted to him, the petitioner will conclude his entire evidence.
After hearing learned counsel for the petitioner, I do not find any legal infirmity in the impugned order but purely in the interest of justice, the impugned order is set aside without issuance of notice of motion to other side as resorting to this process is likely to delay the proceedings further and the other side can be compensated with costs. Therefore, the impugned order is set aside, however, subject to payment of Rs.5,000/- as costs and the petitioner as a consequence thereof, shall be granted only one effective opportunity to lead his entire evidence. The CR No.7254 of 2010 (O&M) 2 Trial Court shall afford only one effective opportunity for the said purpose and in no eventuality shall grant the petitioner more than one opportunity.
Disposed of.
November 09, 2010 (Mahesh Grover) rekha Judge