High Court of Punjab and Haryana, Chandigarh
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Sanjay Kapoor v. Smt.Tejinder Kapoor & Ors - CR-2969-2006  RD-P&H 3559 (3 July 2006)
C.R. No. 2969 of 006
Decided on 25.5.2006.
Sanjay Kapoor ........ petitioner
Smt.Tejinder Kapoor and others ....respondents.
Coram: Hon'ble Mr.Justice Pritam Pal
Present: Mr.Lokesh Sinhal,Advocate,for the petitioner PRITAM PAL,J:(ORAL)
Learned counsel for the petitioner contends that evidence of the petitioner before the trial Court was closed, simply on the ground that on the date of passing the impugned order dated April 18,2006, plaintiff Sanjay Kapoor was not present for his cross examination by the defendant/respondents. A perusal of the impugned order indicates that Sanjay Kapoor was present on many dates before the trial Court, but he could not be cross examined because of non-availability of the counsel for the defendant/respondents.
Be that as it may, in the facts and circumstances of the case, this Civil Revision is disposed of without issuing notice to the respondents, with the direction that the petitioner shall be given only one effective opportunity by the trial Court for adducing his entire evidence to be brought at his own responsibility subject to payment of Rs. 5000/- as costs payable to the contesting defendants.
May 25,2006 (Pritam Pal)
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