Om Piari v. Parshottam Lal (Since Deceased)Through Lts

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3412-2021 (O&M) Date of decision: 25.01.2023 Om Piari ..Petitioner (s)

Versus

Parshottam Lal (deceased) thr Lrs. ..Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. MK Bhatnagar, Advocate for the petitioner. *** NIDHI GUPTA, J (Oral) Prayer in this Revision Petition is for setting aside order dated 10.11.2021 passed by the learned Civil Judge, Junior Division, Amritsar vide which the evidence of the plaintiff-petitioner has been closed by order.

Learned counsel for the petitioner submits that petitioner being an aged widowed lady could not lead the evidence. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner to complete her evidence, as grave injustice will be caused to her if she is not permitted to do so. Mr. Prateek Sodhi, Advocate, puts in appearance on behalf of respondents and files his power of attorney, which is taken on record. Learned counsel for the respondent has opposed the prayer by submitting that sufficient opportunities have already been granted to the petitioner/plaintiff.

After hearing learned counsel for the parties and keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 10.11.2021 is set aside. The learned Court below is directed to grant one effective opportunity to the petitioner to complete her evidence, however subject to payment of Rs.5000/- as costs to the defendants-respondents. Disposed of as above. Pending application, if any, also stands disposed of.

( NIDHI GUPTA ) 25.01.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.01.27 09:37 I attest to the accuracy and integrity of this document