Mahadeva v. Shakuntla And Others

S. No.130

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CR No.5247 of 2024 Date of Decision:11.09.2024 Mahadeva .....Pe,,oner Vs.

Shakuntala and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ravi Kumar Girdhwal, Advocate for the pe

oner.

**** DEEPAK GUPTA, J. (Oral) Assailing the order dated 06.08.2024 (Annexure P.4), whereby evidence of the defendant (pe

oner herein) was closed by the trial Court, a,en on is drawn by learned counsel towards the order dated 08.05.2024 of the trial Court whereby evidence of the plain ffs was closed. Therea0er, ma,er was adjourned to 15.05.2024 for evidence of the defendants, and then to 22.05.2024, 28.05.2024, 09.07.2024, 23.07.2024 and 06.08.2024. Learned counsel contends that during this period, two witnesses have already been examined by the defendants. Only short adjournments have been granted and, therefore, the defendants could not produce the evidence on account of the short dura on of adjournments.

2.

Learned counsel submits the pe

oner - defendant requires one opportunity so as to conclude the evidence. He prays accordingly. 3.

Having no ced the various zimni orders passed by the trial Court, it appears that in order to dispose of the ma,er being an ac on plan case, the trial Court proceeded quite hurriedly. In the name of disposal of the old ma,ers, the rights of a party cannot be scu,led.

4.

Having no ced all the circumstances, this pe

on is hereby accepted by se=ng aside the impugned order dated 06.08.2024 (Annexure P.4). One opportunity is RENU 2024.09.11 17:49 I attest to the accuracy and integrity of this document Chandigarh

CR No.5247 of 2024 -2granted to the pe

oner - defendant to conclude evidence to be produced at his own responsibility. However, this order is subject to
5,000/- as costs to be payable to the plain ffs- contes ng respondents. The trial Court shall fix one date for evidence of the defendants.

5.

Since this order has been passed without issuing any no ce to the contes ng respondents- plain ffs, in order to avoid unnecessary delay, the respondents will be at liberty to approach this Court in case they feels aggrieved. September 11, 2024 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2024.09.11 17:49 I attest to the accuracy and integrity of this document Chandigarh