Civil Revision No. 5540 of 2009(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No. 5540 of 2009 (O&M)
Date of Decision: September 23 , 2009
Ajaib Singh ...... Petitioner
Versus
Kishan ...... Respondent
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.Arun Singal, Advocate
for the petitioner.
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Ajay Tewari, J.
This revision has been filed against the order dated 7.03.2009
closing the evidence of the plaintiff-petitioner and the subsequent order
dated 28.8.2009 whereby his application for permission to adduce evidence
has been rejected.
Learned counsel states that the matter is fixed for 25.11.2009
for defendant’s evidence and that if permitted the plaintiff would lead his
entire evidence on that date at his own responsibility. Learned trial Court
has rejected the application on the ground that 7.3.2009 was the third date.
In my opinion it would be in the interest of justice if the
petitioner is granted one opportunity to conclude his entire evidence at his
own responsibility on 25.11.2009.
Consequently this revision petition is allowed. The impugned
order is set aside. The learned trial court is directed to permit the petitioner
Civil Revision No. 5540 of 2009(O&M) 2
to lead his entire evidence at his own responsibility on 25.11.2009.It is
made clear that no further opportunity shall be granted to the petitioner for
this purpose.
Since the main case has been decided, the pending Civil Misc.
Applications, if any, stand disposed of.
(AJAY TEWARI)
JUDGE
September 23, 2009
sunita