Surinder Pal v. Tara Chand Th Lr

CR No.2664 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2664 of 2018 Date of decision:25.04.2018 Surinder Pal ... Petitioner Vs.

Tara Chand (since deceased) through LRs ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Chetan Goyal, Advocate, for Mr. S.K.Choudhary, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner is aggrieved of the impugned order dated 27.02.2018, whereby, his evidence has been closed by the Court order. Learned counsel appearing on behalf of the petitioner submits 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 respondents, who shall be compensated in terms of costs.

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

No doubt, the petitioner 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 Savita 2018.04.30 14:10 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2664 of 2018 {2} order to render justice, I deem it appropriate, to grant one effective opportunity to the petitioner before the Court below to conclude entire evidence, subject to payment of costs of `5,000/- to be paid to the contesting respondents, which shall be a condition precedent . I do not intend to issue notice of motion as it would unnecessarily cause expenditure upon the respondents to avail the services of lawyer. In order to defray the costs of litigation, the aforementioned order has been passed.

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE April 25, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.04.30 14:10 I attest to the accuracy and integrity of this document High Court Chandigarh