Jagir Singh v. General Public And ORS

CR 662/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:29.01.2015 Jagir Singh .............Petitioner v.

General Public and others .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Harish Sharma,Advocate for the petitioner Jaswant Singh,J.(Oral) Petitioner- has filed the present revision petition aggrieved by the order dated 15.11.2014 (P-1) passed by Civil Judge (Senior Division) Panchkula whereby his evidence, in a petition under Section 276 of the Indian Succession Act, has been closed by order. It is averred that testimony of the petitioner has been recorded on 15.11.2014 and some official witnesses remain to be examined for which petitioner has already deposited the diet money. It is further averred that in case petitioner is not granted opportunity to lead his remaining evidence, he will suffer irreparable loss and injury. Accordingly, prayer is for grant of one effective opportunity to conclude the petitioner's evidence subject to payment of appropriate costs.

After hearing the learned counsel and keeping in view the peculiar facts and circumstance of the case, I deem it expedient in the RAJINDER PRASHAD JOSHI 2015.01.29 15:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CR 662/2015 interest of justice to grant petitioner one effective opportunity to lead his entire evidence on a date to be fixed by the trial Court. Accordingly, present revision petition is allowed, impugned order dated 15.11.2014(P-1) is set aside and petitioner is granted one effective opportunity to lead his entire evidence on a date to be fixed by the trial Court, subject to payment of Rs.5000/- as costs to be deposited with District Legal Service Authority,Panchkula. Disposed of.

29.01.2015 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.01.29 15:10 I attest to the accuracy and authenticity of this document High Court, Chandigarh.