Paramjit Singh Guron And ANR. v. Jaswant Dhawan

CR No.5363 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.5363 of 2016 (O&M) Date of decision:22.08.2016 Capt. Paramjit Singh Guron and another ... Petitioners Vs.

Sh. Jaswant Dhawan ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. D.D.Gupta, Advocate for the petitioners.

AMIT RAWAL J. (Oral) Petitioner-plaintiffs are aggrieved of the impugned order dated 19.05.2016 (Annexure P-1), whereby, their evidence has been closed by the Court order.

Mr. D.D.Gupta, learned counsel appearing on behalf of the petitioner-plaintiffs submits that in case, opportunity is granted, subject to any terms and conditions which this Court deem fit, the petitioners will examine two witnesses, i.e., one official witness and another petitioner No.1 himself and conclude their entire evidence. He further submits that no prejudice would be caused to the respondent, who shall be compensated in terms of costs.

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

Savita 2016.08.27 10:19 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.5363 of 2016 (O&M) {2} No doubt, the petitioner-plaintiffs 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 two effective opportunities to the petitioners before the Court below to examine two witnesses,i.e., one official witness and another petitioner No.1 himself and conclude entire evidence, if permissible in law, subject to payment of costs of `5,000/- to be paid to the contesting respondent, which shall be a condition precedent .

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE August 22, 2016 savita Wheather speaking/reasoned Yes/No Whether Reportable Yes/No Savita 2016.08.27 10:19 I attest to the accuracy and integrity of this document High Court Chandigarh