M/S D S K Realtors Pvt Ltd v. Savinder Singh And Others











 (129)




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SAVINDER SINGH AND OTHERS 
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3.

During the course of the trial, while the evidence of the petitionerplaintiff was going on, the same was closed by the trial Court observing that the petitioner-plaintiff had availed 16 effectives opportunities including numerous last opportunities apart from other adjournments granted on account of the COVID-19 Pandemic and despite undertakings having been given, the evidence of the petitioner-plaintiff had not been concluded. It was observed that even the process fee/diet money/list of witnesses had not been deposited. 4.

Learned counsel for the petitioner has submitted that the evidence of the petitioner-plaintiff could not be concluded for reasons which were beyond the control of the petitioner-plaintiff. He submits that now the petitioner-plaintiff has changed its counsel and would require only one effective opportunity to conclude its evidence.

5.

Since the decision of the present revision petition will not adversely affect the rights of respondent-defendants, notice is not being issued. 6.

I have considered the submissions made by learned counsel for the petitioner.

7.

I do not find any illegality in the order passed by the trial Court, vide which the evidence of the petitioner was closed. The conduct of the petitionerplaintiff has also been noted by the trial Court and it appears that the proceedings were being taken very casually by the petitioner-plaintiff.

8.

Be that as it may, this Court is of the considered opinion that keeping in view the fact that learned counsel for the petitioner has submitted that the petitioner-plaintiff would require only one more effective opportunity to conclude its evidence, the same should not be denied since it is well settled that matters should be decided on merits and should not be rejected on technicalities. In view of the aforesaid, the present revision petition is allowed and the order dated 16.05.2022 (Annexure P-2) passed by the Additional Civil Judge (Sr. Division), Amritsar, is set aside. The trial Court is directed to grant one effective opportunity to the petitioner-plaintiff to conclude its evidence as per its convenience. This opportunity shall however be subject to payment of
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