Lachhman Singh vs Jarnail Kaur And Another on 5 August, 2009

C.R. No. 4371 of 2009                                                     [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                 CHANDIGARH.

                                  C.R. No. 4371 of 2009

                                  Date of Decision: August 5, 2009



Lachhman Singh

                                       .....Petitioner

            Vs.

Jarnail Kaur and another

                                       .....Respondents


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                           -.-

Present:-   Mr. Jasbir Rattan, Advocate
            for the petitioner.

                   -.-



M.M.S. BEDI, J. (ORAL)

It is contended by counsel for the defendant- petitioner that the

defendant merely wants to examine defendant and one another witness at

his own responsibility in case one opportunity is granted. It has also been

informed that the case was not taken up for arguments on July 29, 2009.

Without expression of any opinion regarding negligence of the

defendant- petitioner, this petition is disposed of with a direction that the

defendant will appear alongwith his expert witness on next date of hearing
C.R. No. 4371 of 2009 [2]

fixed before the trial Court and he would be permitted to examine himself

and the other witness subject to payment of a sum of Rs.7000/- as costs.

The impugned order dated July 16, 2009 closing the evidence of the

defendant- petitioner is hereby set aside with the abovesaid directions. It is

made clear that in case the petitioner does not produce his entire evidence

on next date of hearing or does not pay the costs of Rs.7000/-, this petition

will be deemed to have been dismissed. However, the trial Court taking

into consideration its convenience could grant one more opportunity in case

it is not possible for the trial Court to record the evidence on next date of

hearing for circumstances beyond its control.

August 5, 2009                                     (M.M.S.BEDI)
 sanjay                                              JUDGE