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BISHAMBER DAYAL versus SECRETARY TO THE DHANDONDA COOPERATIVE L

High Court of Punjab and Haryana, Chandigarh

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Bishamber Dayal v. Secretary to the Dhandonda Cooperative L - CR-4-2005 [2006] RD-P&H 3236 (17 May 2006)

Civil Revision No.4 of 2005 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

****

Civil Revision No.4 of 2005

Date of decision: May 25, 2006.

Bishamber Dayal

...Petitioner(s)

v.

Secretary to the Dhandonda Cooperative Loan & Services Society Ltd. & Ors.

...Respondent(s)

Present: Shri J.P. Sharma, Advocate for the petitioner.

Shri R.A. Yadav, Advocate for respondent No.1.

Shri Deepak Thapar, Advocate for the respondents No.2 & 3.

Surya Kant, J. (Oral)

This revision petition is directed against the order dated 17.11.2004 whereby the petitioner-plaintiff's evidence was closed on the ground that no witness was produced by him despite giving last opportunity.

Notice of motion was issued.

Heard Learned Counsel for the parties at length.

After hearing Learned Counsel for the petitioner, and having regard to the circumstances explained by him, more so the fact that the court notices were got issued to effect service on the Bank Manager of the Cooperative Bank, who was to be produced by the petitioner as a witness, this petition is allowed and the impugned order dated 17.11.2004 is set aisde and it is directed that the trial court shall give one effective opportunity to Civil Revision No.4 of 2005 -: 2 :-

the petitioner for which date the trial court shall ensure that the concerned Manager is summoned and examined on behalf of the petitioner.

The aforesaid opportunity shall, however, be granted subject to payment of Rs.1,000/- as costs.

Disposed of.

May 25, 2006. [ Surya Kant ]

kadyan Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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