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Punjab-Haryana High Court

M/S Splendor Landbase Ltd vs M/S Mehak Hospitality Pvt Ltd And Ors on 6 February, 2023

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
           124                                CR-816-2023 (O&M)
                                         Date of decision: 06.02.2023
M/s Splendor Landbase Ltd.
                                                       ..Petitioner (s)
                              Versus
M/s Mehak Hospitality Pvt. Ltd. and others
                                                     ..Respondent(s)

CORAM:          HON'BLE MS. JUSTICE NIDHI GUPTA

Present: Mr. Ashok Kumar Arora, Advocate for the petitioner.
         ***
NIDHI GUPTA, J (Oral)

Prayer in this Revision Petition is for setting aside order dated 03.09.2022 passed by the learned Civil Judge, Junior Division, Amritsar vide which the evidence of the plaintiff-petitioner has been closed by order.

Learned counsel for the petitioner submits that due to change of counsel before the trial Court, the petitioner could not examine a witness namely Sh. NS Gill. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to complete his evidence, as grave injustice will be caused to him if he is not permitted to do so.

After hearing learned counsel for the petitioner, issuance of notion of motion is dispensed with at this stage, as it will cause further delay in the case. Accordingly, keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 03.09.2022 is set aside. The learned Court below is directed to grant one effective opportunity to the petitioner to examine the witness namely Sh. NS Gill and complete his evidence, however subject to payment of Rs.20,000/- as costs to the defendant-respondent.

Disposed of as above. Pending application, if any, also stands disposed of.

( NIDHI GUPTA ) 06.02.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 1 of 1 ::: Downloaded on - 08-02-2023 20:32:21 :::