High Court of Punjab and HaryanaCR/5379/2016allowed

Kanwar Lal v. Pritam Singh & ANR

2016-08-23Mr. Justice Arun Monga2 pages

C.R. No.5379 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5379 of 2016 Date of Decision.23.08.2016 Kanwar Pal .......Petitioner Vs.

Pritam Singh and another ........Respondents

Present:

Mr. M.L. Saini, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether Reporters of local papers may be allowed to see the judgment ?

To be referred to the Reporters or not ?

Whether the judgment should be reported in the Digest? -.- AMIT RAWAL J. (ORAL) The petitioner/applicant-defendant is aggrieved of the order dated 08.07.2016, whereby, evidence of applicant-defendant in application under Order 9 Rule 13 CPC has been closed.

Mr. M.L. Sainai, Advocate for the petitioner submits that in case, one opportunity is granted, he will conclude the evidence of two witnesses, one is bailiff, by taking the assistance of the Court. I have heard the counsel for the petitioner and appraised the paper book and of the view that no doubt, the petitioner/applicant-defendant was negligent in concluding the evidence. However, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one effective opportunity to the petitioner to conclude the evidence. Keeping in view the aforementioned observations, the impugned order is set aside and the petitioners-defendant shall conclude the evidence of aforementioned two witnesses in accordance with law subject to payment of PANKAJ KUMAR 2016.08.30 12:14 I attest to the accuracy and integrity of this document

C.R. No.5379 of 2016 -2costs of `5000/- which shall be condition precedent. If the costs is not paid as directed, the order passed already by the court below shall stand restored. If the application is moved for summoning the witnesses, the Court shall permit the petitioner to obtain dasti summons and ensure that the witnesses are served and examined on the date fixed. If the witnesses do not show respect and regard to summons of Court, it can proceed as per the provisions of Order 16 Rule 12 CPC.

The impugned order is set aside and the revision petition is allowed.

(AMIT RAWAL) JUDGE August 23, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2016.08.30 12:14 I attest to the accuracy and integrity of this document