M/S B.R. Automobile And ANR v. M/S Bhalai Motors And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 121 Civil Revision No.4450 of 2022 Date of Decision: October 17, 2022 M/s B.R. Automobile G.T. Road Model Town Chowk, Batala & another ..... PETITIONER(S)

VERSUS

M/s Bhalai Motors, Dhangu Road, Pathankot & another ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. B.B.S. Randhawa, Advocate, for the petitioners. . . .

Tribhuvan Dahiya, J (Oral) This revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 13.09.2022 (Annexure P-1), whereby the petitioner-plaintiff's application to lead additional evidence has been dismissed.

A perusal of the impugned order shows that the trial is at the fag end and evidence of the parties has been led. It was not disputed that in an earlier application moved by the respondent-defendant firm, under Order XI Rules 12 to 14 CPC, for production of documents by the plaintiff firm, a statement was made by the plaintiff that entire record had already been submitted in the case file. In view of the statement having been suffered, the trial Court has held that there is no occasion for the plaintiffs to move the instant application to lead additional evidence; it is estopped from doing so. AVIN KUMAR 2022.10.17 19:02 I attest to the accuracy and integrity of this document

CR No.4450 of 2022 [2] There is no infirmity in the impugned order passed by the trial Court, as in the aforesaid background the application cannot be allowed. Dismissed.

(Tribhuvan Dahiya) Judge October 17, 2022 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2022.10.17 19:02 I attest to the accuracy and integrity of this document