High Court of Punjab and HaryanaCR/25/2015allowed

Lakhwinder Kaur v. Surjit Singh And ANR.

2015-01-16Mr. Justice S.P. Bangarh2 pages

CR 25/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:16.01.2015 Lakhwinder Kaur .............Petitioner v.

Surjit Singh and another .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Kunal Dawar,Advocate for the petitioner Jaswant Singh,J.(Oral) Plaintiff no.1 is in revision assailing the order dated 15.12.2014 (P-1) passed by learned Civil Judge (Junior Division) Kharar whereby her evidence has been closed by order. It is apparent that the petitioner/plaintiff had filed a suit for recovery of amount of Rs.4 lacs as damages from the defendants for causing murder of her husband for which the defendants have been convicted and sentenced. It is stated that initially the suit was filed at Ropar which was later on transferred to Kharar on the ground of territorial jurisdiction.

It is averred that official witnesses i.e. Clerk from the Record Room of District Judge,Ropar, Assistant Professor, PGI Chandigarh and other police officials were summoned after deposit of diet money and for their non-appearance, over which petitioner had no control, her evidence has been closed. Prayer is for grant of opportunity RAJINDER PRASHAD JOSHI 2015.01.16 15:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CR 25/2015 to examine the official witnesses and the remaining cross examination of petitioner/plaintiff. It is also submitted that evidence of defendants is yet to commence and is now fixed for 19.1.2015. After hearing the learned counsel for the petitioner/plaintiff and perusing the pleadings, it appears that sufficient opportunity has been availed, however, it is deemed expedient in the interest of justice, keeping in view the nature of the lis and status of the parties and moreso the type of witnesses remaining to be examined, to grant two more effective opportunities to the petitioner subject, however, to payment of costs.

Accordingly, present revision petition is allowed, impugned order dated 15.12.2014(P1) is set aside and petitioner/plaintiff is granted two more effective opportunities to examine remaining witnesses and to complete her remaining cross examination on dates to be fixed by the trial court subject to payment of costs of Rs.3000/- to be paid to defendants.

16.01.2015 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.01.16 15:40 I attest to the accuracy and authenticity of this document High Court, Chandigarh.