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High Court of Punjab and HaryanaCR/1783/2021allowed

Lakhvir Singh v. Parmila And Others

2023-04-28Ms. Justice Nidhi Gupta1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 2023:PHHC:060806 CR-1783 & 1784-2021 (O&M) Date of decision: 28.04.2023 Lakhvir Singh ..Petitioner (s)

Versus

Parmila and others ..Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Ms. Ruchi Sekhri, Advocate for the petitioner. *** NIDHI GUPTA, J (Oral) Prayer in this Revision Petition is for setting aside order dated 24.02.2021 passed by the learned Motor Accidents Claims Tribunal, Rohtak vide which evidence of the petitioner has been closed by order. Learned counsel for the petitioner refers zimini orders (Annexures P2 to P11) to submit that due to covid-19 pandemic petitioner could not lead his evidence. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to lead and complete his evidence, as grave injustice will be caused to him if he is not permitted to do so.

After hearing learned counsel for the petitioner and keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 24.02.2021 is set aside. The learned MACT, Rohtak is directed to grant one effective opportunity to the petitioner to lead and complete his evidence, however subject to payment of Rs.5000/- as costs (in each case) to the respondents. Disposed of as above. Pending application, if any, also stands disposed of.

Photocopy of this order be placed on the connected file(s). ( NIDHI GUPTA ) 28.04.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.05.01 16:40 I attest to the accuracy and integrity of this document