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High Court of Punjab and HaryanaCR/3283/2013allowed

Ranjit Singh v. Amandeep Singh And ANR

2015-01-19Mr Justice Gurdev Singh2 pages

CR No. 3283 of 2013 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No. 3283 of 2013 Date of Decision : 19.01.2015 Ranjit Singh ....Petitioner

Versus

Amandeep Singh and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. Rajesh Bhateja, Advocate for the petitioner.

Mr. N.K. Manchanda, Advocate for the respondents.

R.P. Nagrath, J. (Oral) Challenge in the instant petition is to the order dated 23.04.2013 (Annexure P-2) passed by the trial Court whereby evidence of the petitioner-defendant was closed by order observing that already so many opportunities have already been granted to lead evidence.

Learned counsel for the petitioner submits that the petitioner proposes to examine only the official of office of SubRegistrar, and that given only one opportunity, the petitioner would examine said witness and in case, he fails to examine the said witness on the date, the evidence of the petitioner-defendant may be deemed to be closed.

After hearing learned counsel for the parties and in view of the aforesaid submission, the instant petition is allowed by setting aside the order dated 23.04.2013 passed by the trial Court and the trial Court would afford only one opportunity to the petitioner to JITENDER KUMAR 2015.01.21 10:12 I attest to the accuracy and authenticity of this document Chandigarh

CR No. 3283 of 2013 -2examine official from the office of Sub Registrar at own responsibility and subject to payment of ` 6000/- as costs to be paid to respondent no. 1 by way of demand draft, on the date already fixed before the trial Court. The petitioner may, however, seek assistance of the Court by taking dasti notice but non-appearance of the witness on any ground shall not be a reason for seeking further adjournment. Failing to comply with any of the aforesaid conditions, the instant petition would be deemed to have been dismissed. January 19, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.01.21 10:12 I attest to the accuracy and authenticity of this document Chandigarh