Gamdur Singh And Another v. Sohan Singh @ Ram Singh And Others
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: Gamdur Singh and another
...Petitioners
Versus
Sohan Singh @ Ram Singh and others .... Respondents CORAM: HON'BLE MR. JUSTICE
Present:
Mr. Mohan Singla, Advocate, for the petitioners.
****
, J. (Oral)
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The brief facts of the case are that the petitioners-Gamdur Singh son of Ram Singh and Jarnail Singh S/o Nahar Singh had filed a suit for symbolic possession by way of specific performance in respect of the suit property against respondent-Sohan Singh and others. Notice of the said suit was issued to the respondents/defendants, who contested the same by filing their written statement. Thereafter, as many as six issues were framed by the learned trial Court and the case was fixed for evidence of the petitioners/plaintiffs. Further, as per Annexure P-3, the present petitioners moved an application for depositing the expenses of witnesses and for summoning the witnesses, which was allowed by the learned trial Court.
Thereafter, the case was regularly fixed for evidence of the petitioners/plaintiffs. The interim order dated 15.01.2026 reflects that one PW namely Sachin, Record Keeper, was present and was examined as PW4 through Court Commissioner, whereafter the case was adjourned to 05.02.2026. On 05.02.2026, no evidence on behalf of the petitioners was present and the summons issued to the Patwari Halqa were received back unserved. Consequently, the case was adjourned to 05.03.2026 and fresh summons were ordered to be issued to the witnesses. Further, on 05.03.2026, again no evidence on behalf of the petitioners/plaintiffs was present and the summons issued to the Patwari Halqa had not been received back. Accordingly, the case was adjourned to 16.03.2026 for evidence of the petitioners/plaintiffs. On 16.03.2026, two PWs were examined.
However, the interim order passed by the learned trial Court records that the plaintiffs/petitioners had already availed several effective opportunities, including a last opportunity, for concluding his evidence, but he failed to do so. Consequently, the evidence of the petitioners/plaintiffs was closed by order of the Court.
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Accordingly, the present revision petition is allowed and the impugned order dated 16.03.2026 (Annexure P-5) is hereby set aside. The petitioners are directed to appear before the learned Civil Judge (Junior Division), Tohana. Thereafter, the learned Civil Judge (Junior Division), Tohana, is directed to summon the said official witnesses by granting short dates and to afford adequate opportunity to the petitioners to conclude his evidence.
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$45 6+75 - 857:1(
*;+87 Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No