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Punjab-Haryana High Court

Prabhjot Kaur Anand & Ors vs Smt. Gurdev Kaur on 14 February, 2013

Author: Rajan Gupta

Bench: Rajan Gupta

C.R. No. 1058 of 2013                                              1




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                               C.R. No. 1058 of 2013
                                      Date of decision : 14.02.2013


Prabhjot Kaur Anand & ors.

                                                ....Petitioners

                                 V/s

Smt. Gurdev Kaur
                                                ....Respondent

BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:   Mr. Arun Takhi, Advocate for the petitioners.

RAJAN GUPTA J. (ORAL)

Present revision petition is directed against the order passed by Rent Controller, U.T. Chandigarh whereby evidence of petitioner has been closed by order.

Learned counsel for the petitioner has contended that order is unsustainable. One opportunity ought to have been granted to the petitioner to lead evidence.

I have heard learned counsel for the petitioner. A perusal of the order shows that on 24.12.2012, 4 effective opportunities were granted to the respondent to lead evidence. An undertaking was given to the court that on the next date, respondent shall conclude entire evidence. Respondent was thereafter directed to conclude the evidence by 15.01.2013. On 15.01.2013, RW-1 was examined in chief and her cross- examination was deferred. An advocate was appointed as Court Commissioner for recording cross-examination but petitioner failed to appear before him. On next date i.e. 28.01.2013, again the C.R. No. 1058 of 2013 2 witness failed to appear before the court. Under the circumstances, court was left with no option but to close the evidence by order. I find no infirmity with the impugned order. Revision petition is without any merit and is hereby dismissed.

February 14, 2013                                 (RAJAN GUPTA)
Ajay                                                   JUDGE