IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA, CHANDIGARH
C.R.No.183 of 2009
Date of order : 15.1.2009
M/s Modern Builders, 178, Model Town, Jalandhar through its Partner
......Petitioner(s)
Versus
Municipal Corporation, Jalandhar and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. R.S. Bajaj, Advocate for the petitioner.
JASWANT SINGH,J(ORAL)
Petitioner, allegedly a duly registered partnership firm, through
its partner Rajinder Singh, has filed the present revision petition under
Article 227 of the Constitution of India for setting aside the impugned order
dated 11.9.2008 (Annexure P.1) passed by learned District Judge, Jalandhar
whereby the evidence of the petitioner has been closed by order of the
Court.
Facts
in brief are that since Municipal Corporation, Jalandhar
was threatening to demolish the basement lintel of the premises of the
petitioner firm, it was constrained to file a suit for permanent injunction
against the respondent-Corporation.
After pleadings were complete, the issues were framed on
30.3.2007. On 11.9.2008, Rajinder Singh, partner of the petitioner firm
tendered his affidavit in examination-in-chief and he was duly cross-
examined. Subsequently, it was realized that along with the affidavit, a
photostat copy of the registered partnership deed had been annexed whereas
the certified copy of the same was required and accordingly, a request was
made for adjourning the appeal. Learned District Judge vide impugned
order dated 11.9.2008 (Annexure P.1), declined the same. Hence the
present revision petition.
Learned counsel for the petitioner submits that after 11.9.2008,
defendants have not led any evidence on any of the dates and the case is
now fixed for 29.1.2009. He further submits that on behalf of the
C.R.No.183 of 2009 #2#
petitioner-plaintiff, only a certified copy of Form-A, photostat copy of
which is already on record with the affidavit, is to be tendered and no other
evidence is to be led, therefore, he prays for one last opportunity for doing
the needful subject to payment of costs.
After hearing learned counsel for the petitioner-plaintiff, this
Court is of the opinion that it is, in the interest of justice, if one last
opportunity is granted to the petitioner to lead his evidence. The case is still
at the initial stage and no evidence has yet been led by the respondent-
Corporation. No prejudice shall be caused to the respondents, if one more
opportunity is granted to the petitioner to tender the certified copy of Form-
A in his evidence as the same will help effectively adjudication of the case.
In view of the above, this revision petition is allowed, order
dated 11.9.2008 (Annexure P.1) passed by learned District Judge, Jalandhar
is set aside and the court below is directed to grant one more opportunity to
the petitioner to lead his evidence subject to payment of Rs.3000/- as costs
to be deposited with the State Legal Services Authority.
January 15, 2009 ( JASWANT SINGH ) manoj JUDGE