High Court of Punjab and Haryana, Chandigarh
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Jasbir Singh v. Harbans Singh & Ors - CR-5436-2006  RD-P&H 8882 (19 October 2006)
Civil Revision No. 5436 of 2006
Date of Decision: 17.10.2006
Harbans Singh and others
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
PRESENT: Mr. Abhishek Arora, Advocate for the petitioner.
AJAY KUMAR MITTAL, J.
In this revision petition filed under Article 227 of the Constitution of India, challenge is to order dated 5.10.2006 passed by the trial court, whereby the evidence of the defendant-petitioner has been closed by the order of the Court.
Counsel for the petitioner submits that in the interest of justice, one opportunity may be granted to the petitioner to lead his entire evidence and the respondents can be compensated by way of costs. He further submits that the petitioner will lead his entire evidence on the date to be fixed by the trial court.
Ordinarily, I would have issued notice of motion to the respondents which would prolong the case and would entail unnecessary expenses to them. Therefore, the present petition is being disposed of without issuing notice of motion to the respondents.
After hearing learned counsel for the petitioner and in the facts and circumstances of the present case and in the interest of justice, this revision petition is disposed of with a direction that the petitioner shall be granted one opportunity to lead his entire evidence at his own risk and responsibility on a date to be fixed by the trial Court subject to payment of Rs.1,000/- as costs. It is, however, made clear that in case the petitioner fails to lead his entire evidence on the date to be fixed by the trial Court or to pay the costs, this revision petition shall be deemed to have been dismissed.
October 17, 2006 (AJAY KUMAR MITTAL)
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