High Court Punjab-Haryana High Court

Neelam Behal vs Naresh Kumar Chopra And Another on 26 August, 2009

Punjab-Haryana High Court
Neelam Behal vs Naresh Kumar Chopra And Another on 26 August, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                             CR No. 2049 of 2009

                                             Date of Decision: 26.8.2009

Neelam Behal

                                                          ....Petitioner.

                    Versus

Naresh Kumar Chopra and another

                                                          ...Respondents.



CORAM:-       HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.


PRESENT: Mr. Gurcharan Dass, Advocate for the petitioner.

              Mr. Harvinder Singh, Advocate for the respondents.


AJAY KUMAR MITTAL, J.

In this revision petition filed under Article 227 of the

Constitution of India, challenge is to the order dated 15.12.2008

(Annexure P-1) passed by the Additional Civil Judge (Senior Division),

Ludhiana, whereby the evidence of the petitioner has been closed by

the order of the Court.

Counsel for the petitioner submitted that in the interest of

justice, one opportunity may be granted to the petitioner to lead her

entire evidence and the respondents can be compensated by way of

costs. He further submits that the petitioner will conclude her entire

evidence at her own risk and responsibility on the date to be fixed by

the trial court.

After hearing learned counsel for the partes and in the facts

and circumstances of the present case, this Court is satisfied that in the
C.R. No. 2049 of 2009 -2-

interest of justice the petitioner deserves to be granted one opportunity

to conclude her entire evidence. Accordingly, the revision petition is

disposed of with a direction that the petitioner shall be granted one

opportunity to lead her entire evidence on the date to be fixed by the

trial court at her own risk and responsibility and subject to payment of

Rs.3,000/- to the respondents as costs. It is, however, made clear that

in case the petitioner fails to conclude her entire evidence on the date to

be fixed by the trial court or to pay the costs, as stipulated above,

this revision petition shall be deemed to have been dismissed.

August 26, 2009                                 (AJAY KUMAR MITTAL)
gbs                                                    JUDGE