Sonia v. Rakma And ANR

CR No.3617 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.3617 of 2019 Date of decision:29.05.2019 Sonia ... Petitioner Vs.

Rakma and another ... Respondents

CORAM:

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

AMIT RAWAL J. (Oral) The petitioner is aggrieved of the impugned order dated 08.01.2019, whereby, her evidence has been closed by the Court order. Learned counsel appearing on behalf of the petitioner submits that in case, one opportunity is granted, subject to any terms and conditions which this Court deems fit, the petitioner will conclude the entire evidence. He further submits that no prejudice would be caused to the respondents, who shall be compensated in terms of costs.

I have heard learned counsel for the petitioner and appraised the paper book.

No doubt, the petitioner had availed six effective opportunities to conclude the evidence and failed to do so, but I am of the view that the lis between the parties is required to be adjudicated on merits and not on technicalities. In order to render justice, I deem it appropriate, to grant one SAVITA KADIAN 2019.05.29 16:50 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.3617 of 2019 {2} effective opportunity to the petitioner before the Court below to conclude entire evidence, subject to payment of costs of `5,000/- to be paid to the contesting respondents which shall be a condition precedent . I do not intend to issue notice of motion as it would unnecessarily cause expenditure upon the respondents to avail the services of lawyer. In order to defray the costs of litigation, the aforementioned order has been passed.

Accordingly, the revision petition stands allowed. (AMIT RAWAL) JUDGE May 29, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.05.29 16:50 I attest to the accuracy and integrity of this document High Court Chandigarh