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High Court of Punjab and HaryanaCR/2662/2016dismissed

Varinder Kaur v. Kashmir Singh @ Seera & ORS

2016-04-12Mr. Justice Harbans Singh Rai1 pages

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.2662 of 2016 Date of Decision.12.04.2016 Varinder Kaur .......Petitioner Vs.

Kashmir Singh and others ........Respondents

Present:

Mr. Ashok Kumar Khunger, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

There is no justification for the plaintiff to arrive before this Court to complain that his side was closed without affording appropriate opportunity. If there was a justification for the plaintiff not to be present or for his inability to secure the presence of the witnesses on the day when the case was posted, it would be open for the plaintiff to seek for reopening of the case by setting out circumstances under which he could not bring the witnesses or a justification for non-production of witnesses. If such an application is filed, the Court will be bound to consider the same and pass appropriate orders in the light of the law laid down by this Court in Santosh Kumar Berry Vs. Nirmala Devi and others 2013(1) PLR 404 recognizing the right to the Court to review its own order and allowing for reopening of the case.

2.

The revision petition is dismissed but with the liberty given to the petitioner to approach the trial Court itself for appropriate orders. (K. KANNAN) JUDGE April 12, 2016 Pankaj* PANKAJ KUMAR 2016.04.21 12:23 I attest to the accuracy and integrity of this document