Jagjit Singh v. Gram Panchayat Village Khushal Singh Wala & ORS

Civil Revision No.5151 of 2014 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.5151 of 2014 Date of Decision:- 11.01.2016 Jagjit Singh ......Petitioner

Versus

Gram Panchayat and others ......Respondents CORAM: HON'BLE MR. JUSTICE SHEKHER DHAWAN

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

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? Present:- Ms. Puja Chopra, Advocate, for the petitioner. Mr. Parvez Chugh, Advocate, for respondent No.1. *** SHEKHER DHAWAN, J Present petition under Article 227 of the Constitution of India for setting aside the order dated 22.02.2014, passed by Civil Judge (Jr. Divn.) Ferozepur, thereby closing the evidence of plaintiff by Court order. 2.

Learned counsel for the petitioner submitted that in the main case plaintiff has not been examined though both the witnesses of plaintiff have already been examined and at least one more opportunity be given to allow the petitioner to lead additional evidence. 3.

Learned counsel for the respondent submitted that the petitioner was already given more than reasonable opportunities by the Court below and thereafter the order under challenge was passed. The said NARESH KUMAR 2016.01.13 14:08 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.5151 of 2014 (O&M) -2order does not call for any interference by way of present revision petition and the same be dismissed.

4.

Having considered the facts of the case, this Court is of the considered view that learned trial Judge was conscious of the matter that issues were framed in this case on 21.09.2012. Thereafter, the plaintiff had availed eight adjournments including last and final opportunity for the purpose. Thereafter, there was no justification for further adjournment of the case. The said order passed by learned trial Judge cannot be considered to be harsh or unreasonable at any rate rather the trial Judge has rightly exercised the discretion and discharged his judicial duty so that pending cases may not be adjourned unnecessarily. There is absolutely no illegality in the order under challenge. The present petition is without any merit and same stands dismissed.

( SHEKHER DHAWAN ) January 11, 2015 JUDGE naresh.k NARESH KUMAR 2016.01.13 14:08 I attest to the accuracy and integrity of this document Chandigarh