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.