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High Court of Punjab and HaryanaCR/1061/2018allowed

Ajit Singh v. Surinder Kaur And ORS.

2018-02-16Mr. Justice Ashok Kumar Verma2 pages

CR-1061-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1061-2018 Date of decision : 16.02.2018 Ajit Singh ... Petitioner(s)

Versus

Surinder Kaur and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Shekhar Kumar, Advocate for the petitioner.

**** AMIT RAWAL, J. (ORAL) The petitioner-plaintiff is aggrieved of the order dated 30.11.2017 (Annexure P-4), whereby, evidence of the plaintiff has been closed.

Mr. Shekhar Kumar, learned counsel for the petitioner-plaintiff submits that in case, one opportunity is granted, the petitioner will conclude the evidence.

I have heard the counsel for the petitioner-plaintiff, appraised the paper book and of the view that no doubt, the petitioner-plaintiff was negligent in concluding the evidence as he has availed 34 effective opportunities, however, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one effective opportunity for summoning only one witness and conclude his evidence. Keeping in view the aforementioned observations, the impugned order is set aside, subject to payment of costs of `10,000/- which Yogesh Sharma 2018.02.21 11:44 I attest to the accuracy and integrity of this document

CR-1061-2018 shall be condition precedent. If the costs is not paid as directed, the order passed already by the court below shall stand restored. The revision petition is allowed dispensing with notice to the respondents in order to save time of the Court and defray the expenses of litigation.

( AMIT RAWAL) JUDGE 16.02.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.02.21 11:44 I attest to the accuracy and integrity of this document