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High Court of Punjab and HaryanaCR/3753/2022disposed of

Sarita Thakran v. Long Lata Alias Laung Lata

2023-05-25Mr. Justice Vikas Suri2 pages

Sarita Thakran Long Lata @ Laung Lata 1.

The present revision petition preferred under Article 227 of the Constitution of India, is directed against the order dated 26.07.2022 (Annexure P-6) passed by the trial Court, whereby application for placing on record certified copy of the judgment dated 07.06.2022 (Annexure P-5) passed by learned Additional Sessions Judge, Gurugram, in case titled Sarita Thakran Vs. Ravi Thakran and others, was dismissed. 2.

Learned counsel appearing on behalf of respondent has filed his power of attorney in the Court. The same is taken on record. 3.

Learned counsel for the respondent submits that in view of the specific stand taken before this Court by the learned counsel for the petitioner that the petitioner seeks only one opportunity to produce the certified copy of judgment and grounds of appeal and does not want to examine any witness, the respondent does not wish to oppose the present revision petition.

SACHIN MEHTA 2023.05.29 19:30 I attest to the accuracy and authenticity of this document P&H High Court, Chandigarh.

4.

It has been noticed by the Court below that defendant was afforded two opportunities to lead her documentary evidence but copy of the judgment dated 07.06.2022 and grounds of appeal were not placed on record then and the said party also failed to explain why that evidence was withheld from 15.06.2022 i.e. when the certified copy of order dated 07.06.2022 was received, till the date of moving the application. 5.

Be that as it may, keeping in view the fact that only two opportunities were granted to the defendant-petitioner to complete evidence and the plaintiff-respondent by acquiescence is not contesting the present revision petition, ends of justice would be met in case one additional opportunity is granted to the defendant-petitioner for placing on record copy of the criminal appeal and judgment, referred in para No.3 of the application for additional evidence.

6.

Accordingly, the impugned order dated 26.07.2022 is set aside and one effective opportunity is granted to the petitioner to place on record certified copy of the two documents noticed above, as additional evidence. 7.

This revision petition is disposed of in the aforesaid terms. 8.

No order as to costs.

SACHIN MEHTA 2023.05.29 19:30 I attest to the accuracy and authenticity of this document P&H High Court, Chandigarh.