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High Court of Punjab and HaryanaCR/3254/2023disposed of

Lakshyavir v. Ruchi

2023-05-25Ms. Justice Nidhi Gupta1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 2023:PHHC:076424 CR-3254-2023 (O&M) Date of decision: 25.05.2023 Lakshyavir ..Petitioner (s)

Versus

Ruchi ..Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Rakesh Gupta, Advocate for the petitioner. *** NIDHI GUPTA, J (Oral) Prayer in this Revision Petition is for setting aside order dated 08.05.2023 passed by the learned Principal Judge, Family Court, Bhiwani vide which the application of the petitioner for recalling order dated 28.03.2023 whereby evidence of petitioner was closed by order, has been dismissed.

Learned counsel for the petitioner submits that trial Court erred in passing the impugned order as counsel of the petitioner before the trial Court had noted down the wrong next date of hearing, therefore, he requested the presiding officer to fix the date on the next day but inspite of the request evidence of the petitioner had been closed and thereafter, petitioner moved an application for recalling the said order, however, the same had been dismissed vide impugned order. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to lead evidence, by allowing his cross examination to be conducted by the respondent as grave injustice will be caused to him if he is not permitted to do so.

After hearing learned counsel for the petitioner, issuance of notion of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 08.05.2023 is set aside. The learned Court below is directed to grant one effective opportunity to the petitioner to lead evidence, by allowing his cross examination to be conducted by the respondent, however subject to payment of Rs.7000/- as costs to the respondent.

Disposed of as above. Pending application, if any, also stands disposed of.

25.05.2023 ( NIDHI GUPTA ) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.05.29 16:45 I attest to the accuracy and integrity of this document