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High Court of Punjab and HaryanaCR/7676/2019allowed

Gurwinder Kaur And Others v. Santokh Singh And Others

2019-12-02Ms. Justice Nirmaljit Kaur2 pages

CR-7676-2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-7676-2019 (O&M) Date of Decision: December 02, 2019 Gurwinder Kaur and others .....Petitioners

Versus

Santokh Singh and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.R.S.Pandher, Advocate for the petitioners.

........

NIRMALJIT KAUR, J. (ORAL) The present revision is filed against the order dated 05.11.2019 vide which evidence of the plaintiff was closed on the ground that two effective opportunities, as granted by the High Court to lead their evidence, stand exhausted. No fault can be found with the said order. However, learned counsel for the petitioners has pointed out that the petitioners moved an application for summoning three witnesses, namely, DSP Gubans Singh, HC Gurdeep Singh (presently ASI) and the concerned Clerk of the Office of Deputy Commissioner, Ludhiana. All the three were duly served, but none came present.

Thus, it cannot be said to be effective opportunities as all the three witnesses are official witnesses but still they chose not to be present in spite of having been received summons and no directions were issued by the Court for summoning them by way of warrants etc.. In view of the above, and taking into account the facts and circumstances of the present case, two more opportunities are granted to the MEENU 2019.12.

CR-7676-2019 (O&M) -2petitioners to lead their evidence. It is further stated that the Court may also take necessary steps to summons the said witnesses. Allowed as above.

December 02, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.12.03 13:35 I attest to the accuracy and authenticity of this document chandigarh