IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M. No. 12160-CII of 2009 and
CR No. 2885 of 2009
Date of Decision: 25.8.2009
Virender Singh
....Petitioner.
Versus
Haryana Urban Development Authority and another
...Respondents.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
PRESENT: Mr. Divay Sarup, Advocate for the petitioner.
Mr. Sachin Kapoor, Advocate for the respondents.
AJAY KUMAR MITTAL, J.
C.M. No. 12160-CII of 2009
Allowed as prayed for.
C.R. No. 2885 of 2009
In this revision petition filed under Article 227 of the
Constitution of India, challenge is to order dated 18.3.2009 (Annexure
P-1) passed by Civil Judge (Senior Division), Hisar, whereby the
evidence of the plaintiff-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 his
entire evidence and the respondents can be compensated by way of
costs. He further submits that the petitioner will conclude his entire
C.R. No. 2885 of 2009 -2-
evidence at his own risk and responsibility on the date to be fixed by the
trial court.
After hearing learned counsel for the parties and in the
facts and circumstances of the present case, this Court is satisfied that
in the interest of justice the petitioner deserves to be granted one
opportunity to conclude his entire evidence. Accordingly, the revision
petition is disposed of with a direction that the petitioner shall be
granted one opportunity to lead his entire evidence on the date to be
fixed by the trial court at his own risk and responsibility and subject to
payment of Rs.5,000/- to the respondents as costs. It is, however,
made clear that in case the petitioner fails to conclude his 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 25, 2009 (AJAY KUMAR MITTAL) gbs JUDGE