Lalita Grewal v. Vinod Kumar Batra

CR No.1975 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.1975 of 2018 Date of decision:23.03.2018 Lalita Grewal ... Petitioner Vs.

Dr. Vinod Kumar Batra ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Sanjeev Pandit, Advocate for the petitioner.

Mr. Puneet Sharma, Advocate for the caveator/respondent.

AMIT RAWAL J. (Oral) The present revision petition is directed against the impugned order dated 07.02.2018 (Annexure P-3), whereby, evidence of the petitioner-defendant was closed by order.

Mr. Sanjeev Pandit, learned counsel appearing on behalf of the petitioner-defendant submitted that in case, one opportunity is granted, subject to any terms and conditions which this Court deems fit, the petitioner will conclude the entire evidence. He further submits that no prejudice would be caused to the respondent-plaintiff, who shall be compensated in terms of costs.

I have heard learned counsel for the petitioner-defendant and appraised the paper book.

Savita 2018.03.26 10:30 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.1975 of 2018 {2} No doubt, the petitioner-defendant had taken many adjournments to lead evidence and failed to do so, but I am of the view that the lis between the parties is required to be adjudicated on merits and not on technicalities. In order to render justice, I deem it appropriate, to grant one effective opportunity to the petitioner-defendant before the trial Court to conclude entire evidence, subject to payment of costs of `5,000/- to be paid to the respondent-plaintiff, which shall be a condition precedent. The petitioner-defendant would submit a list of the witnesses within a period of three days from today and obtain dasti summons for effecting service upon the witnesses, in accordance with law.

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE March 23, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.03.26 10:30 I attest to the accuracy and integrity of this document High Court Chandigarh