Laxmi v. Roop Chand And ORS

CR No.2677 of 2018 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2677 of 2018 (O&M) Date of decision:20.11.2018 Laxmi ... Petitioner Vs.

Roop Chand and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Jasmer Singh Rozera, Advocate for the petitioner.

Mr. Raj Kumar Garg, Advocate for the respondents.

AMIT RAWAL J. (Oral) The petitioner-plaintiff is aggrieved of the impugned order dated 13.12.2017, 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 parties and appraised the paper book.

SAVITA KADIAN 2018.11.21 14:03 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2677 of 2018 (O&M) {2} 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 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 . Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE November 20, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.11.21 14:03 I attest to the accuracy and integrity of this document High Court Chandigarh