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High Court of Punjab and HaryanaCR/3980/2024disposed of

Jaswinder Singh v. Harbans Singh

2024-07-30Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

CR-3980-2024 (O&M) Date of Decision : 30.07.2024 Jaswinder Singh ....Petitioner

VERSUS

Harbans Singh ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Santosh Sharma, Advocate for the petitioner. ALKA SARIN, J. (Oral) 1.

The present revision petition has been filed challenging the order dated 26.02.2024 whereby the evidence of the plaintiff-petitioner has been closed by order.

2.

Learned counsel for the plaintiff-petitioner would contend that the cross-examination of the plaintiff-petitioner was partly conducted, however, the same was deferred for the plaintiff-petitioner to produce the record since photocopy of the record was brought by him. On the next date of hearing the evidence of the plaintiff-petitioner was closed by order. Learned counsel for the plaintiff-petitioner would further contend that given one opportunity the plaintiff-petitioner would present himself for his crossexamination as well as he would conclude his evidence by leading one more witness.

3.

Notice of motion in this case was issued on 18.07.2024. The defendant-respondent stands duly served, however, none had put in appearance on behalf of the defendant-respondent on 22.07.2024 and the JITENDER KUMAR 2024.07.31 10:19 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR-3980-2024 -2case was adjourned to today, to be shown in the urgent list. Today, also the case has been called twice, however, none has put in appearance on behalf of the defendant-respondent.

4.

Heard.

5.

In the present case, though the plaintiff-petitioner has been remiss in leading his evidence, however, in the interest of justice, one effective opportunity is granted to the plaintiff-petitioner to present himself for his remaining cross-examination as also for leading his remaining evidence at his own risk and responsibility, subject to payment of Rs.20,000/- as costs to be paid to the defendant-respondent, which shall be a condition precedent.

6.

Disposed off in the above terms. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 30.07.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.07.31 10:19 I attest to the accuracy and integrity of this order/judgment Chandigarh