Civil Revision No. 3117 of 2009 (1)
In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 3117 of 2009 (O&M)
Date of decision : 27.5.2009
Kanwar Pal ..... Petitioner
vs
Tilku ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vikram Singh, Advocate, for the petitioner. Rajesh Bindal J.
Prayer in the present petition filed under Article 227 of the
Constitution of India is for setting aside order dated 5.5.2009 passed by the
learned court below, whereby evidence of the petitioner/ plaintiff was
closed by order of the court.
For the view I am taking in the present petition, I do not deem it
appropriate to issue notice to the respondent, as the same would
unnecessarily delay not only the disposal of the present petition but also the
suit as well.
Learned counsel for the petitioner submitted that suit for
recovery of Rs. 75,680/- was filed by the petitioner against the respondent
on 15.6.2005. Two witnesses were examined by the petitioner on 7.10.2008
and on the request of counsel for the respondent, cross-examination of PW2
was deferred for 9.12.2008. On 9.12.2008, witness was not present despite
service and he was summoned through bailable warrants and the case was
adjourned to 13.1.2009. On 13.1.2009, two witnesses were examined and
the case again adjourned for 17.2.2009, on the request of counsel for the
respondents for cross-examination and for remaining evidence of the
petitioner. On 17.2.2009 no evidence was available and the case was
adjourned to 5.5.2009 on which date the evidence of the petitioner was
closed by order of the court. Learned counsel further submitted that in case
one opportunity is granted, the petitioner will complete his entire evidence
on the date already fixed by the trial court i.e. 2.6.2009.
The facts submitted by the learned counsel for the petitioner are
borne out from the record. It is not a case where the petitioner was not
leading evidence rather he has examined four witnesses and their part cross-
Civil Revision No. 3117 of 2009 (2)
examination was deferred on the request of counsel for the respondent as is
evident from the paper-book. The trial is stated to be fixed for 2.6.2009.
Accordingly, while setting aside the impugned order dated
5.5.2009, closing the evidence of the petitioner, the learned court below is
directed to grant one opportunity to the petitioner for completing his
evidence on the date already fixed by the court. The same shall be subject to
payment of Rs. 1,000/- as costs to the respondent. It is, however, made clear
that no further opportunity shall be granted to the petitioner in case he fails
to complete the entire evidence on the date fixed.
The revision petition is disposed of in the manner indicated
above. In case the respondent is aggrieved against the aforesaid order he
shall be at liberty to file application for recalling or modification of the
same.
Copy of the order be given dasti on payment of usual
prescribed fee.
27.5.2009 ( Rajesh Bindal) vs. Judge