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High Court of Punjab and HaryanaCR/1621/2019allowed

Sunita v. Vidya And ORS

2019-09-11Mr. Justice Harminder Singh Madaan2 pages

C.R. No. 1621 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH C.R. No. 1621 of 2019 DATE OF DECISION :- September 11, 2019 Sunita

...Petitioner

Versus

Vidya and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. P.R. Yadav , Advocate for the petitioner. Mr. Sanjay Verma, Advocate for respondent Nos. 1 to 4. *** Under challenge in this revision petition is order dated 9.5.2017 passed by Civil Judge (Jr. Divn.), Gurugram vide which the evidence of the plaintiff was closed by order. The Plaintiff Revisionist prays that the order be set aside and she be given an opportunity to conclude her evidence. This petition is being resisted by defendants-respondents. After hearing learned counsel for the parties and going through the record, I find that no doubt the plaintiff has been somewhat negligent in not producing her evidence in the Court promptly, however, ends of justice require that she be given one more opportunity to conclude her evidence.

Therefore, the order under revision is set aside subject to payment of Rs.10,000/- as cost. The trial Court shall fix a date for remaining evidence of the plaintiff and plaintiff shall produce her entire remaining evidence in PARVINDER SINGH 2019.09.

C.R. No. 1621 of 2019 the Court on that date. The payment of cost to the defendants shall be condition precedent for allowing the plaintiff to produce her remaining evidence. No request for further adjournment shall be entertained. Learned counsel for the revisionist states that in view of the order passed by this Court the revisionist will withdraw the application for additional evidence moved by her in the trial Court. Let it be so done. (H.S. MADAAN) JUDGE September 11, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.09.13 09:18 I attest to the accuracy and integrity of this document Chandigarh