C.R. No. 1209 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 1209 of 2009 (O&M)
Date of decision: 5.3.2009
Satnam Singh
.. Petitioner
v.
Jhalman Singh and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Yogesh Goel, 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 the order dated 20.11.2008, passed by
Civil Judge (Senior Division), Nawanshahr, whereby evidence of the petitioner-
defendant 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 proceedings before
the trial court.
The proceedings in the present case arise out of a civil suit filed by
respondent No. 1-plaintiff against the petitioner and respondents No. 2 to 6 for
possession by way of specific performance.
Learned counsel for the petitioner submitted that though the suit was
filed by respondent No. 1-plaintiff on 7.8.2003, but he closed his evidence on
3.3.2008. It was for the first time that the case was fixed for evidence of the
defendants on 4.4.2008. On 22.5.2008, examination-in-chief of petitioner-
defendant No.1 was recorded and his cross-examination was deferred. On
20.11.2008, petitioner-defendant No. 1 could not appear before the trial court for
cross-examination due to unavoidable circumstances and the trial court closed the
evidence of the defendants. He further submitted that in case one opportunity is
granted, the defendants will complete the entire evidence on the date fixed. The
case is fixed for hearing before the trial court on 1.4.2009.
The facts submitted by learned counsel for the petitioner are borne
out from the record.
C.R. No. 1209 of 2009 [2]
Having heard learned counsel for the petitioner and keeping in view
the interest of justice, I deem it appropriate to grant one last opportunity to the
petitioner-defendant to lead his evidence by producing the entire evidence, on the
date already fixed, i.e., 1.4.2009. However, the same shall be subject to payment of
Rs. 2,500/- as costs to the respondent-plaintiff. However, it is made clear that no
further opportunity shall be granted to the petitioner-defendant in case he fails to
complete his evidence on the date fixed.
The revision petition is disposed of in the aforesaid manner.
(Rajesh Bindal)
Judge
5.3.2009
mk