Punjab-Haryana High Court
Bhupinder Singh And Others vs Mohinder Singh on 26 November, 2010
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R. No. 7720 of 2010 (O&M)
Date of Decision: November 26, 2010
Bhupinder Singh and others.
...Petitioners
Versus
Mohinder Singh.
... Respondent
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
1. Whether reporters of local news papers may be
Allowed to see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Prateek Pandit, Advocate,
for the petitioners.
Alok Singh, J. (Oral)
Defendants-petitioners have invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 11.10.2010 passed by learned Civil Judge (Senior Division), Kaputhala, whereby evidence of the defendants - petitioners was directed to be closed. C.R.No. 7720 of 2010 2
Learned counsel for the petitioners states that on the date as fixed by this Court or by the learned Trial Court, entire witnesses shall be produced before the learned Trial Court for examination and no adjournment shall be sought.
Learned Single Judge of this Court in the matter of Prem Lata Vs. Ram Sarup reported in 2005(4) RCR (Civil) 423 placing reliance on judgment of the Division Bench of this Court in the matter of Batala Machine Tools Workshop Co- op. vs. Presiding Officer, Labour Court, Gurdaspur has held that matter can be disposed of at the stage of admission without any notice to the opposite party, because if the respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.
In the opinion of this Court, present matter can be disposed of at the admission stage without any notice to the respondent. This Court is of the further opinion that issuing notice to the respondent shall cause unnecessary delay in the disposal of the matter pending before the learned Trial Court, hence, this Court proposes to decide this petition without notice to the respondent.
In the peculiar facts and circumstances of the case, keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, C.R.No. 7720 of 2010 3 should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, this Court direct that learned Trial Court shall fix a date for the purpose of defendants- petitioners' evidence. On the date so fixed, defendant- petitioners shall produce all the witnesses before the learned Trial Court for examination. If, for any reason, examination is not complete on the date so fixed, then learned Trial Court shall be at liberty to hold day-to-day trial or fix any future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the defendant-petitioners. Petitioners shall pay Rs.5,000/- as costs to the respondent herein before the next date so fixed by the learned Trial Court.
If respondent feels aggrieved from this order, he shall be at liberty to move this Court for recalling of the order.
Petition shall stand disposed of accordingly.
November 26, 2010 (Alok Singh) vkd Judge