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Punjab-Haryana High Court

Tilak Raj vs Mandir Murti Radha Krishan And Others on 22 December, 2008

Author: Mahesh Grover

Bench: Mahesh Grover

C.R.No.5994 of 2008               -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH


                                C.R.No.5994 of 2008

                                Date of decision : 22.12.2008


Tilak Raj
                                            ...Petitioner

             Versus

Mandir Murti Radha Krishan and others

                                            ......Respondents


CORAM : HON'BLE MR. JUSTICE MAHESH GROVER
                .....

Present : Mr.Munish Mittal, Advocate
          for the petitioner.


MAHESH GROVER, J.(Oral)

This revision petition is directed against the order dated 28.8.2008 by which his evidence has been closed by order.

After hearing the learned counsel for the petitioner, I am of the opinion that there is no infirmity in the impugned order. However, purely in the interest of justice and also for the reason that equitable justice can be ensured by payment of costs and considering the fact that this revision petition can be disposed of at this stage without issuance of notice of motion as resorting to that process is likely to delay the proceedings further, the impugned order is set aside and the petitioner is granted one opportunity to lead his entire evidence for which the trial court shall fix one effective date. But considering the fact that the suit is of the year 2002 and about 6/7 C.R.No.5994 of 2008 -2- years have elapsed, the revision petition is accepted subject to payment of Rs.10,000/- as costs.

22.12.2008 (MAHESH GROVER) JUDGE dss