C.R. 1199 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.R. 1199 of 2008
Date of decision:- 17.12.2009
Sardul Singh
petitioner
vs
Hardayal and others
Respondent
Present: Mr. Sanjiv Gupta, Advocate for petitioner.
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
M.M.S.BEDI,J.
Vide impugned order dated 20.11.2007 the evidence of the
defendant- petitioner has been closed by the trial court by observing that
several effective opportunities have already been given to the defendants
to conclude their evidence.
Despite notice issued to plaintiff- respondent No.1, no one has
put in appearance. Respondent No.1 was proceeded against ex-parte on
3.11.2008. The objective for closing of the evidence of the defendant-
petitioner, mentioned by the trial court, seems to be reasonable on the
face of it but learned counsel for the defendant- petitioner has submitted
that no evidence of the defendants has been produced on the record and
that if only one opportunity is given to the defendant- petitioner to produce
the entire evidence at his own responsibility, the interest of justice would be
adequately met and the defendants will get an opportunity to contest the
claim of the plaintiff- respondent No.1, raised in the suit for a declaration
pertaining to the suit property, which is more than 200 kanals. The trial
C.R. 1199 of 2008 2
court had been restrained from passing the final order on 16.9.2008 by this
court. An attempt had been made to serve respondent No.1 through his
counsel also but despite the proceedings having been stalled for the last
more than one year, plaintiff- respondents have not come forward to
contest the revision petition. In the interest of justice, I allow this revision
petition and order dated 20.11.2007 is hereby set aside and it is ordered
that the defendants will be permitted to produce their entire evidence at
their own responsibility on one date of hearing, fixed by the trial court. The
trial court may also permit the defendants to tender in evidence any
document in accordance with the procedure of law by giving one more
opportunity within the period of one month after the receipt of a certified
copy of this order subject to payment of a sum of Rs.10,000/- as costs. The
costs will be paid by the defendant- petitioner by putting in appearance
before the trial court on 16.1.2010. In case costs are not paid, this revision
petition will be deemed to have been dismissed and the trial court will be at
liberty to proceed in accordance with law. However, in case the costs are
paid on 16.1.2010, the trial court will fix one date for production of the
entire evidence of the defendants at their own responsibility.
December 17,2009 (M.M.S.BEDI) TSM JUDGE