Civil Revision No. 1685 of 2009 (1)
In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 1685 of 2009 (O&M)
Date of decision : 26.3.2009
Sant Singh and others ..... Petitioners
vs
Ranjeet Singh and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vivek Suri, Advocate, for the petitioners. Rajesh Bindal J.
Prayer in the present petition filed under Article 227 of the
Constitution of India is for setting aside order dated 13.3.2009 passed by the
learned court below, whereby evidence of the petitioners 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 respondents, as the same would
unnecessarily delay not only the disposal of the present petition but also the
civil suit as well.
The proceedings in the present case arise out of a suit for
declaration filed by respondents no. 1 to 9/ plaintiffs against the
petitioners/defendants.
Learned counsel for the petitioners submitted that the suit was
filed by the respondents on 21.2.2005. The evidence of the petitioners/
defendants started on 8.9.2008. On the next date of hearing i.e 8.10.2008,
the case was adjourned to 5.12.2008. However, inadvertently, the counsel
for the petitioners noted down wrong date as 5.2.2009 instead of 5.12.2008
for which they were proceeded ex-parte on 16.1.2009. Thereafter, the
petitioners filed application for setting aside the ex-parte order which was
allowed subject to payment of Rs. 2,000/- as costs. Learned counsel for the
petitioners submitted that the petitioners wanted to examine only official
witnesses for which process of court is necessary and the petitioners cannot
examine the official witnesses at their own responsibility. He further
submitted that in case one opportunity is granted, the petitioners will
Civil Revision No. 1685 of 2009 (2)
complete their entire evidence on the date fixed.
The facts submitted by the learned counsel for the petitioner are
borne out from the record. It is not a case where the petitioners were merely
seeking adjournments and not leading evidence rather after their evidence
started on 8.9.2008, evidence was being led. On the date when the
impugned order was passed one DW was examined and other witnesses
were not present. The case is stated to be fixed before the learned court
below on 27.3.2009.
Accordingly, while setting aside the impugned order dated
13.3.2009, closing the evidence of the petitioners, the learned court below is
directed to grant one opportunity to the petitioners for completing their
evidence on the date to be fixed by the court. The same shall be subject to
payment of Rs. 2,000/- as costs to the respondents. The petitioners are at
liberty to get the summons issued for the official witnesses through the
court. It is, however, made clear that no further opportunity shall be granted
to the petitioners in case they fail to complete their entire evidence on the
date fixed.
The revision petition is disposed of in the manner indicated
above.
Copy of the order be given to the counsel for the petitioners
under the signatures of the Court Secretary.
26.3.2009 ( Rajesh Bindal) vs. Judge