High Court Punjab-Haryana High Court

Joginder Pal Singh vs State Of Rajasthan And Others on 2 May, 2011

Punjab-Haryana High Court
Joginder Pal Singh vs State Of Rajasthan And Others on 2 May, 2011
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                       CR No.2886 of 2011 (O&M)
                                       Date of decision: 2.5.2011

Joginder Pal Singh
                                                                       ...Petitioner

                       Versus

State of Rajasthan and others
                                                                 ...Respondent

CORAM:        HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:      Mr.Peeush Gagneja, Advocate for the petitioner

                            ***

Ram Chand Gupta, J.(Oral)

CM No. 11479-CII of 2011

Application is allowed subject to all just exceptions.

CR No. 2886 of 2011

The present revision petition has been filed under Article 227

of the Constitution of India for quashing of order dated 23.2.2011

(Annexure P-3) passed by learned Civil Judge (Junior Division), Abohar in

case No.2781 of 9.5.2006, vide which evidence of the petitioner-plaintiff

was closed.

I have heard learned counsel for the petitioner and have gone

through the whole record carefully including the impugned order passed by

learned trial court.

The facts relevant for the decision of the present revision

petition are that suit for declaration was filed by the predecessor-in- interest

of the present petitioner namely Gurpal Singh, who died when the case was

fixed for evidence and the present petitioner was impleaded as legal

representative of the deceased plaintiff.

CR No.2886 of 2011 (O&M) -2-

It has been contended by learned counsel for the petitioner that

after the petitioner was impleaded as party only one opportunity was

granted by learned trial court to adduce his evidence. Thereafter, his

evidence was closed. It is further contended that only petitioner remains to

be examined as witness and no other witness is to be examined.

The petitioner and his predecessor-in-interest had already

availed nine opportunities to lead evidence. Case pertains to the year 2006.

Hence, it cannot be said that the learned trial court has committed any

illegality or material irregularity in passing the impugned order. However,

in view of the fact that the petitioner was impleaded as party after death of

his predecessor-in-interest and thereafter, only one opportunity was granted

to him to adduce evidence, one opportunity can be granted to the petitioner

for the purpose and other party can be compensated by way of cost.

Hence, the present revision petition is accepted and the

impugned order is set aside. The trial court is directed to grant one effective

opportunity to the petitioner-plaintiff to examine himself as a witness

subject to payment of ` 5000/- as cost which shall be a condition precedent.

02.05.2011                                   (RAM CHAND GUPTA)
gsv                                                JUDGE