Tejinder Singh v. Randhir Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (111) Date of Decision:-12.09.2025 Tejinder Singh ......Petitioner

Versus

Randhir Singh and Others ......Respondents

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present:

Mr. ADS Jattana, Advocate, (through VC) and Mr. M.S. Gill, Advocate for the petitioner.

**** AMARINDER SINGH GREWAL, J. (Oral) 1.

The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 07.08.2025 (Annexure P8) passed by the learned Civil Judge (Junior Division), Dera Bassi in Civil Suit No.16 of 2017 titled as Randhir Singh Vs. Tejinder Singh & Others, whereby the evidence of the petitioner-defendant as well as that of proforma respondents No.1 to 4 has been closed by order of the Court. 2.

Briefly, the facts are that the respondent-plaintiff instituted the suit claiming to be co-sharer in the suit land and alleged that owing to the drinking habits, his father, Jai Singh-defendant No.5 sold the land in dispute to the present petitioner and proforma respondents No.2 to 4 vide sale deed dated 04.09.2014. The petitioner-defendant filed written statement contesting the claim and issues were framed on 05.07.2023. On

05.02.2025, the plaintiff closed his evidence. Thereafter, only three opportunities were granted to the petitioner and proforma respondents to lead their evidence. Vide impugned order dated 07.08.2025, their evidence stood closed.

3.

Learned counsel for the petitioner submits that the petitioner was not afforded adequate and reasonable opportunity to conclude evidence and closing of the same at this stage would result in grave prejudice to the petitioner's case. It is further submitted that the petitioner seeks only two effective opportunities to conclude the evidence of the petitioner-defendant for the proper adjudication in the trial of the case. 4.

I have heard learned counsel for the petitioner and perused the paper book.

5.

In view of the nature of order proposed to be passed, issuance of notice to respondents is dispensed with, as it would only delay the proceedings and cause unnecessary expense to the respondents. 6.

Having considered the submissions and perused the record, this Court is of the opinion that the learned Trial Court has adopted a rather strict approach in closing the evidence of defendants at this stage. 7.

Accordingly, the present petition is allowed. The impugned order dated 07.08.2025 (Annexure P-8) passed by the learned Civil Judge (Junior Division), Dera Bassi is hereby set aside. The petitioner is hereby granted two effective opportunities to conclude their entire evidence, subject to payment of costs of Rs.5,000/- to be deposited by the petitioner within ten days in the following account:

Punjab State Legal Services Authority Disaster Relief Fund. Account No. 44426937384 IFSC SBIN0014656 Bank Name - State Bank of India, Sector 68, SAS Nagar. 8.

It is made clear that no further opportunity shall be granted beyond the aforesaid two chances and in case of failure, the Trial Court shall be at liberty to proceed further in accordance with law. 9.

All pending application(s), if any, stand disposed of accordingly.

(AMARINDER SINGH GREWAL) JUDGE 12.09.2025 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No