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2022 Supreme(Del) 1879

C. HARI SHANKAR
Punjab & Sind Bank – Appellant
Versus
Joginder Singh – Respondent


Advocates appeared:
Ms. Kittoo Bajaj, Adv., for the Petitioner; Mr. Roshan Lal Goel & Mr. Anju Gupta, Advs., for the Respondents No. 1 to 4

JUDGMENT

(Oral)

1. This petition under Article 227 of the Constitution of India assails orders dated 16th July 2022 and 30th July 2022 passed by the learned Additional District Judge ('the learned ADJ') in CS (Comm) 123/2020 (Punjab and Sind Bank v. Joginder Singh).

2. The learned ADJ, by order dated 16th July 2022, closed the petitioner's right to lead evidence. It was observed, in the said order, that, though issues had been framed on 7th March 2012, the plaintiff had not led till that date its evidence. Thereafter, the learned ADJ noted, the matter was adjourned on 5th March 2022, to the 30th April 2022, for the petitioner to lead evidence, during which period the petitioner moved an application for summoning the record of a CBI case from this Court, which was allowed.

3. In view of the fact that the learned ADJ deemed it appropriate to allow the application, filed by the petitioner, for summoning the record of the CBI case from this Court, the delay in conducting PE, if any, prior thereto cannot be taken into consideration.

4. After 30th April 2022, when the application dated 23rd April 2022 filed by the petitioner was allowed, the learned ADJ observed that repeated opportunities w

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