Punjab-Haryana High Court
Bharat Sanchar Nigam Limited vs Baljinder Singh And Another on 16 December, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
Civil Revision No.7822 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No.7822 of 2011
Date of Decision : 16.12.2011
Bharat Sanchar Nigam Limited
.......Petitioner
Versus
Baljinder Singh and another
.......Respondents
CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. D.R. Sharma, Advocate,
for the petitioner.
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JITENDRA CHAUHAN, J. (ORAL)
The petitioner has approached this Court under Article 227 of the Constitution of India praying for setting aside the order dated 25.8.2011, (Annexure P-1) vide which the defence evidence of the petitioner-plaintiff was closed by order; and order dated 7.11.2011, (Annexure P-3) dismissing the application filed by the petitioner for recalling of the order Annexure P-1.
The learned counsel for the petitioner contends that the plaintiff-witness remained present in the Court on 20.5.2011, 24.5.2011 and 13.6.2011, however he was not examined by the defendants. Even on 25.08.2011, the plaintiff-witness remained present but was not examined on account of non-availability of the Civil Revision No.7822 of 2011 2 counsel for the defendant, and was informed that the case had been adjourned to 8.9.2011. Thereafter, the matter came up on 12.9.2011, the plaintiff-witness appeared and came to know that the evidence of the plaintiff had already been closed on 25.8.2011. Thereafter, an application for recalling the order dated 25.08.2011, filed by the petitioner was rejected on 7.11.2011.
Without adverting to the merits of the present case, to advance the cause of justice, one more effective opportunity is granted to the petitioner to lead his evidence, on the date to be fixed by the learned trial Court. However, the same shall be subject to the payment of `10,000/- as costs.
( JITENDRA CHAUHAN ) 16.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No