Civil Revision No 6592 of 2009. 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Revision No 6592 of 2009.
DECIDED ON : 12.11.2009.
Parvesh Kumar and another
Petitioners.
VERSUS
Ram Niwas and others. Respondents
CORAM : Hon'ble Mrs. JUSTICE SABINA.
Present:- Ms. Sonia G.Singh, Advocate, for
the petitioner.
SABINA,J.
Plaintiff Shugan Chand had filed a suit for
declaration and possession of the suit land. Plaintiff was
granted numerous opportunities to lead his evidence.
However, plaintiff died on 14.9.2009 since he was seriously
ill. Vide impugned order dated 24.9.2009, evidence of the
plaintiff was closed by order. Hence the present revision
petition.
Learned counsel for the petitioners has submitted
that the petitioners are the legal heirs of Shugan Chand. The
next date before the trial Court is 23.11.2009. The petitioners
will lead their evidence on the said date.
Civil Revision No 6592 of 2009. 2
After hearing learned counsel for the petitioners, I
am of the opinion that the instant revision petition deserves
to be allowed. Although, the petitioners had been granted
numerous opportunities to lead their evidence but the fact is
that now Shugan Chand has died during the pendency of the
suit after he had remained ill. Ends of justice require that
one opportunity be granted to the legal heirs of the plaintiff
to lead their evidence so that the lis between the parties can
be decided on merits. Moreover, the other side can be
compensated with costs.
Accordingly, this revision petition is allowed. The
petitioners are allowed to lead their evidence on 23.11.2009
i.e. the date fixed before the trial Court subject to payment of
Rs. 2500/- as cost. Thereafter, the trial Court shall proceed
further with the matter in accordance with law.
12.11.2009. ( SABINA ) Anoop JUDGE