Hardev Singh v. Gurcharan Singh And Others

Deepak Kumar 2025.07.01 16:22 I attest to the accuracy and integrity of this document

CR-3483-2025 -2Counsel for the plaintiff to lead evidence, however, perusal of the file shows that no list of witnesses as required under CPC has been filed by him at the time of filing of the plaint or even thereafter, that too, till date. Perusal of the file further shows that the present case falls under the category of Action Plan Cases. As such, I do not deem it fit to adjourn the case further the evidence of the plaintiff. As such, evidence of the plaintiff is closed by order. Now case is adjourned to 28.05.2025, for evidence of defendant. PF/DM & list of witnesses if any be filed within seven days."

2.

Perusal of the order reveals that the plaintiff has remained callous and was negligent in pursuing the course. 3.

Even though there is no cogent reason to interfere in the impugned order however, in the interest of justice and on the undertaking given by Mr. Bhalla that the plaintiff shall conclude his entire evidence on grant of one opportunity, the impugned order is modified to the extent that the same shall come in operation in case, the plaintiff fails to lead entire evidence on the date fixed by the Trial Court. After the petitioner appears and produces the present order on the date already fixed in the suit which is stated to be tomorrow i.e. 02.07.2025, one opportunity will be granted to the plaintiff to lead entire evidence on his own responsibility subject to payment of Rs.10,000/- as costs to be paid to the defendant. 4.

The instant revision petition is accordingly disposed off. July 01, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2025.07.01 16:22 I attest to the accuracy and integrity of this document