Navtej Singh v. Karamjeet Singh And ANR

S.No.109

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CR No.5402 of 2022 Date of Decision:22.11.2022 Navtej Singh .....Petitioner Vs.

Karamjeet Singh and another.....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Lupil Gupta, Advocate for the petitioner. **** DEEPAK GUPTA, J.

The petitioner is defendant No.1 before the learned trial Court. His application to discard the affidavit of PW2 - Satnam Singh, has been rejected by the trial Court vide impugned order dated 05.07.2022 (Annexure P.9), against which this revision has been filed. The suit for recovery was filed by the plaintiff - Karamjeet Singh - respondent. The case was at the stage of plaintiff's evidence itself. During his evidence, plaintiff produced Satnam Singh as PW2 and tendered his affidavit. The defendant - respondent prayed to discard the affidavit on the ground that earlier counsel for the plaintiff had promised to close the evidence and only to tender certain documents. Besides, plaintiff wanted to fill up the lacuna left by PW1 in his testimony.

It is conceded by counsel for the petitioner that the case was at the stage of plaintiff's evidence itself. Simply because counsel for the plaintiff had earlier assured to close the evidence, cannot be a reason not to take the statement of PW2 into consideration or to discard his evidence. The petitioner- defendant No.1 will get the opportunity to cross-examine the witness.

SHEETAL 2022.11.29 11:21 I attest to the accuracy and integrity of this document Chandigarh

CR No.5402 of 2022 -2I find absolutely no illegality in the impugned order. Revision is dismissed.

November 22, 2022 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No SHEETAL 2022.11.29 11:21 I attest to the accuracy and integrity of this document Chandigarh