Rajesh Kumar & ANR v. Dulari Devi & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No. 1190 of 2017 Date of decision : 27.02.2017 Rajesh Kumar & anr.

....Petitioners V/s Dulari Devi & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. J.S. Dadwal, Advocate for the petitioners. RAJAN GUPTA J.

Challenge in the present revision petition is to order dated 04.01.2017 passed by trial court whereby evidence of the plaintiffs has been closed by order. Learned counsel for the petitioners submits that plaintiffs had led its entire evidence. Affidavit of one witness namely Mahavir Partap PW3 was tendered in the court on 01.04.2016. Thereafter, the said witness did not turn up before the court and, thus could not be cross-examined. According to him, one opportunity may be granted to plaintiffs-petitioners to conclude their evidence. Purely in the interest of justice, it is directed that one opportunity be granted to plaintiffs to conclude their evidence at their own risk and costs. This, however, will be subject to payment of `7,000/- as costs to be remitted to respondent no. 1. This court is conscious of the fact that order is being passed without notice to the respondents. Allowed in these terms.

February 27, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Ajay Kumar 2017.03.01 15:26 I attest to the accuracy and authenticity of this document Whether reportable:

Yes/No