Kuldeep Kaur v. Kuldeep Kaur And Others

2023:PHHC:125112 CR-4443-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.133 CR-4443-2023 Date of Decision: 22.09.2023 KULDEEP KAUR ....Petitioner

Versus

KULDEEP KAUR AND OTHERS .....Respondents

CORAM:

HON'BLE MRS JUSTICE ARCHANA PURI Present:- Mr. Ramesh Sharma, Advocate for the petitioner.

***** ARCHANA PURI, J. (Oral) Status report has been received from the concerned Court, the same is taken on record.

Perusal of the status report reveals that after excluding the period of Covid, the case is making progress and short adjournments are being given by the Court below and something or the other, proceeding is being conducted. However, PW-1 Harmit Singh had tendered his affidavit into evidence on 21.07.2023 and thereafter it was only on the request of Kuldeep Kaur, the present petitioner (who is defendant before the court below), the case was adjourned for 16.08.2023. On 16.08.2023, the cross-examination was not conducted as the plaintiffs (respondents herein) had suffered a statement that witness was present on that day but on account of some emergency having taken place in the house of the witness, he has gone back. Thereafter, the case was adjourned to 01.09.2023 for PWs. On the said date, SONU 2023.09.22 16:16 I attest to the accuracy and authenticity of this document

2023:PHHC:125112 CR-4443-2023 an application for admission of documents and an application under Section 65 of Indian Evidence Act for leading secondary evidence have been filed by counsel for the plaintiff and the case was adjourned to 14.09.2023, for filing of reply.

In the given circumstances, it cannot be stated that proceedings are not being conducted by the court below. In the light of the same, no case is made out for issuance of such directions, as pleaded in the present revision petition.

Hence, the instant revision petition is hereby dismissed. (ARCHANA PURI) 22.09.2023 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2023.09.22 16:16 I attest to the accuracy and authenticity of this document