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High Court of Punjab and HaryanaCR/4658/2015allowed

Sucha Singh v. Dilpreet Singh

2015-07-27Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 4658 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4658 of 2015 Date of Decision: 27.07.2015.

Sucha Singh ......Petitioner

Versus

Dilpreet Singh .....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. M.K.Dogra, Advocate for the petitioner.

**** SABINA, J.

Petitioner has filed this petition under Article 227 of Constitution of India challenging the order dated 15.7.2015 (Annexure P-3) whereby evidence of the petitioner was closed. Learned counsel for the petitioner has submitted that examination-in-chief of the petitioner as well as PW-4 had been recorded and their cross-examination had been deferred. Petitioner wanted to examine one more witness. In fact the witnesses were not present on 15.7.2015 as the petitioner had noted down a wrong date i.e. 27.7.2015. Learned counsel has further submitted that petitioner be granted one opportunity to enable him to conclude his evidence.

Respondent has filed suit for specific performance of agreement to sell dated 19.8.2011. Keeping in view the submissions made by learned counsel for the petitioner, it would be just and expedient to grant one opportunity to the petitioner to GURPREET SINGH 2015.07.29 16:33 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 4658 of 2015 -2enable him to conclude his evidence so that the lis between the parties can be disposed of on merits.

Accordingly, this petition is allowed. Impugned order dated 15.7.2015 (Annexure P-3) is set aside. Trial Court is directed to grant one effective opportunity to the petitioner to enable him to conclude his evidence at his own risk and responsibility subject to payment of ` 2500/- as costs. Costs be deposited with the Legal Services Authority. Thereafter, the Trial Court shall proceed further with the case, in accordance with law.

(SABINA) JUDGE July 27, 2015 Gurpreet GURPREET SINGH 2015.07.29 16:33 I attest to the accuracy and authenticity of this document Chandigarh