High Court of Punjab and HaryanaCR/7888/2016allowed

Deepinder Kaur Jauhal & Others v. Ranjit Kaur

2017-09-25Mrs. Justice Anita Chaudhry2 pages

Civil Revision No.7888 of 2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7888 of 2016 (O&M) Date of Order: 25.09.2017 Deepinder Kaur Jauhal and others ..Petitioners

Versus

Ranjit Kaur ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Gaurav Rana, Advocate, for the petitioners.

Mr. Atul Goyal, Advocate, for the respondent.

ANIL KSHETARPAL, J (Oral) Plaintiffs-petitioners are in revision petition against the order passed by the learned Civil Judge (Jr. Division), Ludhiana, dated 15.10.2016, closing the evidence of the plaintiffs. It is not in dispute that in the present case, defendant was proceeded against ex-parte and thereafter ex-parte proceedings were set aside and issues were framed on 20.08.2016.

Learned trial Court closed the evidence of the plaintiff on 15.10.2016, i.e. within a period of less than two months after granting three opportunities. Although, trial Courts are making sincere endeavor to decide the cases expeditiously, however, at the same time parties have to be given proper opportunities to lead evidence.

The suit is for specific performance of the agreement to sell. The stakes in the suit are high.

Taking into consideration the facts available from the file, I Naresh Kumar 2017.10.04 11:17 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.7888 of 2016 (O&M) -2deem it appropriate to grant two more effective opportunities. Therefore, the order passed by the learned Civil Judge (Jr. Division), Ludhiana, dated 15.10.2016 is set aside. Learned trial Court shall grant two more effective opportunities to the plaintiffs-petitioners to conclude their entire evidence within a period of 11⁄2 months from today. These opportunities would be subject to payment of costs of Rs.10,000/-.

The cost of Rs.10,000/- shall be deposited with the State Legal Services Authority.

Revision petition stands disposed of accordingly. September 25, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.10.04 11:17 I attest to the accuracy and integrity of this document Chandigarh