Civil Revision No.3089 of 2011(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Revision No.3089 of 2011(O&M)
Date of Decision: May 10, 2011
Anil Chopra
.....Petitioner
v.
Smt.Gurdip Kaur and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.R.S.Bajaj, Advocate
for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present revision petition has been filed under Article 227
of the Constitution of India for setting aside impugned order dated
20.4.2011, passed by learned trial Court vide which evidence of the
petitioner-defendant has been closed by order.
I have heard learned counsel for the petitioner and have gone
through the whole record carefully including the impugned order passed by
learned trial Court.
It has been contended by learned counsel for the petitioner that
petitioner only wants to examine one witness, namely, Kamaljit Singh, a
police official, who has to bring summoned record from Police Station
Division No.4, Jalandhar. It is further contended that though he was served
and also appeared, however, he did not bring summoned record and
thereafter, he was ordered to be produced at his own responsibility but as
he failed to appear, hence, the evidence of the petitioner-defendant was
closed. It is further contended that only one opportunity be granted to
petitioner-defendant to examine this witness at his own responsibility by
taking dasti summons.
In view of these facts, the present revision petition is accepted.
Impugned order is modified to the extent that learned trial Court is directed
to grant one opportunity to petitioner-defendant to produce his witness,
Civil Revision No.3089 of 2011(O&M) -2-
namely, Kamaljit Singh at his own responsibility by taking dasti summons
subject to payment of `5,000/- as cost, which shall be a condition precedent.
Disposed of accordingly.
10.5.2011 (Ram Chand Gupta) meenu Judge