High Court of Punjab and HaryanaCR/294/2021disposed of

Chief Executive Officer And ANR v. Ashok Kumar

2023-02-08Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-294-2021 (O&M) Date of decision : 08.02.2023 Chief Executive Officer & Anr.

... Petitioner(s)

Versus

Ashok Kumar ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. G.N. Malik, Advocate for the petitioners None for the respondent.

ALKA SARIN, J. (ORAL) The present revision petition has been filed under Article 227 of the Constitution of India impugning the order dated 04.02.2021 (Annexure P-2) passed by the Waqf Tribunal, Rohtak vide which the evidence of the defendant-petitioners has been closed by order. Notice of motion was issued in the present case on 17.02.2021. None has been putting in appearance on behalf of the plaintiff-respondent despite service. The plaintiff-respondent is, accordingly, proceeded against ex parte.

Learned counsel for the defendant-petitioners would contend that on the day the evidence was closed, the witnesses were present, however, the counsel was in personal difficulty and could not come to the Court as his wife was admitted in hospital, therefore, the witnesses could not YOGESH SHARMA 2023.02.09 10:13 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

CR-294-2021 (O&M) -2- be examined on 04.02.2021. Learned counsel would further contend that if given one effective opportunity, the defendant-petitioners would conclude their entire evidence.

Heard.

In the present case the reason for being not being able to examine the witnesses as stated by the learned counsel for the defendantpetitioners is that though the witnesses were present, the counsel could not come to the Court as his wife was unwell. Learned counsel for the defendant-petitioners has made a categoric statement that if given one effective opportunity, the defendant-petitioners would lead their entire evidence and there would be no further delay in the proceedings on their account.

In view of the above, the present revision petition is allowed. The impugned order dated 04.02.2021 (Annexure P-2) is set aside. The defendant-petitioners shall be granted one effective opportunity to lead their entire evidence subject to payment of Rs.10,000/- as costs to be paid to the plaintiff-respondent.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

08.02.2023 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2023.02.09 10:13 I attest to the accuracy and integrity of this order/judgment.

Chandigarh