Sadhu Ram v. Surjit Kaur & ORS

CR No.6497 of 2016 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.6497 of 2016 (O&M) Date of decision:28.09.2016 Sadhu Ram ... Petitioner Vs.

Surjit Kaur and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. Shiv Kumar, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner is aggrieved of the impugned order dated 23.08.2016, whereby, his evidence has been closed by the Court order. Mr. Anmol Rattan Sidhu, learned Senior Counsel assited by Mr. Shiv Kumar, Advocate appearing on behalf of the petitioner submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deem fit, the petitioner will conclude the entire evidence. He further submits that no prejudice would be caused to the respondents, who shall be compensated in terms of costs.

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

No doubt, the petitioner 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 Savita 2016.09.30 09:35 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.6497 of 2016 (O&M) {2} order to render justice, I deem it appropriate, to grant one effective opportunity to the petitioner before the Court below to conclude entire evidence, subject to payment of costs of `5,000/- to be paid to the contesting respondents, which shall be a condition precedent . Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE September 28, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.09.30 09:35 I attest to the accuracy and integrity of this document High Court Chandigarh