High Court of Punjab and HaryanaCR/5987/2018disposed of

Rajinder Kumar v. Jangpal Singh

2023-09-20Mrs. Justice Archana Puri2 pages

2023:PHHC:123300 CR-5987-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.111 CR-5987-2018 Date of Decision: 20.09.2023 RAJINDER KUMAR ....Petitioner

Versus

JANGPAL SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr. Sanjeev Goyal, Advocate, for the petitioner.

Mr. H.R. Bhardwaj, Advocate, for Mr. Manu Bhardwaj, Advocate, for the respondent.

***** ARCHANA PURI, J. (Oral) Learned counsel for the petitioner submits that in the present revision petition, he has challenged two orders i.e. 30.07.2018 (Annexure P1) and 08.08.2018 (Annexure P-2), which have been passed on an application under Order 6 Rule 17 CPC, for amendment of the written statement and qua closing of the evidence of the petitioner (who was defendant before learned Lower Court), by order. However, at this stage, learned counsel for the petitioner submits that he does not press the relief sought, vis-a-vis the order dated 30.07.2018 (Annexure P-1), with regard to amendment in the written statement.

In view of the submission, so made, the present revision petition is hereby dismissed as withdrawn, vis-a-vis the order dated 30.07.2018 (Annexure P-1).

SONU 2023.09.20 16:03 I attest to the accuracy and authenticity of this document

2023:PHHC:123300 CR-5987-2018 Besides the aforesaid, the petitioner has also challenged the order dated 08.08.2018 (Annexure P-2), whereby the evidence of the petitioner (who was defendant before learned Lower Court) was closed by order.

At this stage, considering the miscellaneous application having remained pending, without prejudice to the rights of the parties to be adjudicated on merits, in the interest of justice, the instant revision petition is accepted qua order dated 08.08.2018 (Annexure P-2), subject to deposit of Rs.20,000/- as costs in the 'Poor Patient Fund, PGIMER, Chandigarh' within a period of seven days from today onwards. In the given circumstances, the parties are directed to make appearance before learned Lower Court on 30.09.2023, the date already stated to be fixed before learned Lower Court. On appearance of the parties, learned Lower Court shall provide two opportunities to its convenience, to the petitioner to lead evidence.

At the time of making appearance before learned Lower Court, the petitioner shall furnish the receipt with regard to deposit of costs. Accordingly, the instant revision petition stands disposed of. (ARCHANA PURI) 20.09.2023 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2023.09.20 16:03 I attest to the accuracy and authenticity of this document