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JAGGA SINGH. versus MAHINDER SINGH.

High Court of Punjab and Haryana, Chandigarh

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Jagga Singh. v. Mahinder Singh. - CR-1077-2006 [2006] RD-P&H 8270 (10 October 2006)

Civil Revision No.1077 of 2006.

In the High Court of Punjab and Haryana at Chandigarh.

Civil Revision No.1077 of 2006.

Date of decision:16.10.2006.

Jagga Singh.

...Petitioner.

Versus

Mahinder Singh.

...Respondent.

...

Coram: Hon'ble Mr. Justice S. N. Aggarwal.

...

Present: Mr.J.S.Toor Advocate for the petitoner.

Mr.Jatinder Singla Advocate and Mr.Rajan Bansal Advocate for the respondent.

...

Judgment.

S. N. Aggarwal, J.

The petitioner is the defendant in the learned trial Court. In the suit for specific performance filed by Mahinder Singh, respondent, the petitioner filed written statement. Issues were framed. He had cross- examined the witnesses examined by Mahinder Singh, plaintiff- respondent. However, he could not produce his own evidence because of the negligence of his counsel.

Civil Revision No.1077 of 2006.

Learned counsel for the petitioner submits that if one opportunity is granted to the petitioner on payment of costs, he will produce the evidence as his own responsibility and close the same.

The learned counsel for Mahinder Singh, plaintiff- respondent had contested this petition. However, in the interest of justice, the petitioner should be granted an opportunity to produce and close his evidence at his own responsibility. Since the petitioner has committed default in producing his evidence, he is burdened with costs of Rs.2,000/- which shall be payable only to the plaintiff-respondent in the learned trial Court.

The next date in the learned trial Court is not known to the learned counsel for the parties. So, the parties would appear in the learned trial Court on 2.11.2006 when the petitioner would make the payment of costs in the learned trial Court for onward payment to Mahinder Singh, plaintiff-respondent. On that date, the learned trial Court shall grant one opportunity to the petitioner for producing and closing his evidence at his own responsibility. If the petitioner fails to make the payment of costs or fails to produce and close his evidence at his own responsibility, then he will not be entitled to any other opportunity.

This Civil Revision is disposed of in the above terms.

Dasti on payment of usual charges.

October 16,2006. ( S. N. Aggarwal )

Jaggi Judge


Copyright

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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