High Court of Punjab and HaryanaCR/6151/2015allowed

Rambir And ANR. v. Mahender And ORS.

2015-10-06Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 6151 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6151 of 2015 (O&M) Date of decision:- 06.10.2015 Rambir and anr.

..Petitioners

Versus

Mahender & ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sanjeev Kr. Panwar, Advocate for the petitioners.

RITU BAHRI J.(Oral) Petitioner has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 02.12.2014 (Annexure P-4) passed by learned Civil Judge (Jr. Divn.), Palwal whereby the evidence of the petitioners/defendants has been closed and order dated 13.01.2015 whereby the application of the petitioners for leading additional evidence, has been dismissed.

Learned counsel for the petitioner submits that on 04.11.2014, the case was fixed for petitioners evidence and as the petitioners could not lead evidence on that date, a cost of 500/- was imposed upon the petitioner with one last opportunity to lead the evidence and the case was adjourned to 02.12.2014 and on that date, the petitioners counsel appeared and paid the cost amount of Rs.500/- and thereafter made a request to the Court in the morning that the petitioners are not available today as they have gone to attend the last rites of their close relatives and will be available at 12 a.m GAURAV ARORA 2015.10.09 15:31 I attest to the accuracy and integrity of this document

C.R. No. 6151 of 2015 (O&M) -2on the same day. The respective affidavits of the petitioners had been filed but that affidavits in original were returned back at 4 p.m and directed the petitioners to move an application for additional evidence. The petitioners moved an application for leading additional evidence, which was also dismissed by the Court below on 02.09.2015 (P-6). I have heard learned counsel for the petitioner and perused the case file.

A perusal of order dated 02.12.2014 shows that the petitioners had paid Rs.500 as cost and affidavits had also been filed to the effect that the petitioners have gone to attend the last rites of their close relatives. Further the petitioners were cross examined by the opposite counsel. In view of the above, order dated 02.12.2014 (Annexure P-4) passed by learned Civil Judge (Jr. Divn.), Palwal and order dated 13.01.2015 are hereby set aside and the instant revision petition is allowed and the trial Court is directed to give one effective opportunity to the petitioners to lead their evidence by examining two witnesses i.e Surender and Jagdish Chand, subject to payment of Rs.3000/- as cost to be deposited before the District State Legal Services Authority, Palwal.

October 06, 2015 ( RITU BAHRI ) G Arora JUDGE GAURAV ARORA 2015.10.09 15:31 I attest to the accuracy and integrity of this document