High Court Punjab-Haryana High Court

Jit Kaur vs Dayal Singh And Others on 27 August, 2009

Punjab-Haryana High Court
Jit Kaur vs Dayal Singh And Others on 27 August, 2009
Civil Revision No. 4869 of 2009 (O&M)
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     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                              Civil Revision No. 4869 of 2009
                              Date of decision: 27.08.2009

Jit Kaur
                                                            ....Petitioner

                    Versus

Dayal Singh and others
                                                         ....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. G.S. Sandhawalia, Advocate,
           for the petitioner.

                    *****

VINOD K. SHARMA, J (ORAL)

CM No. 20191-CII of 2009

Allowed. The applicant-petitioner allowed to place on record

Annexures P-1 to P-8 and is exempted from filing the certified copies

thereof.

CR No. 4869 of 2009

This revision petition is directed against the order dated

28.7.2009 passed by the learned Civil Judge (Junior Division),

Jalandhar, vide which the evidence of the petitioner has been ordered to

be closed. The order passed reads as under: –

“Costs paid. Today the case was fixed for applicant
evidence. In the present case, issues were framed on
16.3.2004. Since then applicant has availed long
chain of opportunities to lead applicant evidence.

Vide order dated 11.10.2008 applicant was afforded
last opportunity to complete evidence and further vide
order dated 1.12.2008 one more opportunity was
Civil Revision No. 4869 of 2009 (O&M)
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granted. Again on 24.1.2009 one more opportunity
was granted to the applicant to complete the evidence
and despite the fact that further two more
opportunities were granted to the applicant to
complete the evidence. But has not yet completed the
evidence. Adjournment sought. So I do not find any
justification for further adjournment of case for
applicant evidence. Hence the evidence of the
applicant is closed by the order. Now to come up on
4.9.2009 for evidence of the respondent. Respondent
is directed to furnish the copies of affidavits within
one week before the date fixed.”

Learned counsel for the petitioner has not challenged the order

on merits and prays that in the interest of justice, the petitioner may be

granted one last opportunity to conclude her evidence at her own risk

and responsibility.

In view of the stand taken by the learned counsel for the

petitioner and without going into the merits of the case, I feel that

interest of justice would be served if the petitioner is granted one last

opportunity to conclude her entire evidence at her own risk and

responsibility on the date to be fixed by the learned trial Court. Learned

trial Court is, however, directed to give assistance to the petitioner to

summon the official witnesses, if any, to be examined. This shall be

subject to payment of Rs.5,000/- (Rupees five thousand only) as costs.

Disposed of.

(Vinod K. Sharma)
Judge
August 27, 2009
R.S.