Surinder Kaur v. Mohinder Pal & ORS

CR No.8429 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.8429 of 2017 Date of decision:01.12.2017 Surinder Kaur ... Petitioner Vs.

Mohinder Pal and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Amit Dhawan, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner-plaintiff No.1 is aggrieved of the impugned order dated 29.08.2017, whereby, her evidence has been closed by order. Mr. Amit Dhawan, learned counsel for the petitioner-plaintiff No.1 contends that in case, one opportunity is granted, he will cross examine and conclude the entire evidence.

I have heard learned counsel for the petitioner-plaintiff No.1 and appraised the paper book and of the view that no doubt, the petitionerplaintiff No.1 was negligent in concluding the evidence. However, in order to advance justice and prevent miscarriage of justice, I deem it appropriate to grant one opportunity to the petitioner-plaintiff No.1 to cross examine and conclude the entire evidence, in accordance with law. Keeping in view the aforementioned observations, the impugned order dated 29.08.2017 is hereby set aside and the petitionerSavita 2017.12.04 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.8429 of 2017 {2} plaintiff No.1 is given one opportunity to conclude her entire evidence subject to the costs of `2500/- to be deposited with the Bar Association, Jalandhar.

During the course of hearing, it has also been brought to the notice of this Court that next date before the Court below is 04.12.2017 and the petitioner/plaintiff No.1 is residing abroad (U.K.). In view of the aforementioned fact, the petitioner-plaintiff No.1 is granted one opportunity to lead the entire evidence, in accordance with law as per the date given by the Court below other than 04.12.2017, subject to the aforementioned costs.

Ordered accordingly.

Accordingly, revision petition stands allowed. (AMIT RAWAL) JUDGE December 01, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.12.04 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh