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2009 Supreme(P&H) 626

L.N.MITTAL
Bansi Lal – Appellant
Versus
Ajay Singh – Respondent


Advocates:
For the Petitioner:Mr. G. C. Shahpuri, Advocate.

JUDGMENT

L. N. Mittal, J. (Oral) :- Claimant Bansi Lal has filed this revision petition under Article 227 of the Constitution of India impugning order dated 13.02.2009 (Annexure P-4) passed by learned Motor Accident Claims Tribunal, Faridabad thereby dismissing the petitioner’s application for additional evidence.

2. I have heard learned counsel for the petitioner and perused the case file.

3. Perusal of the impugned order reveals that the claimant availed of at least five effective opportunities for his evidence and thereafter closed his oral evidence on 05.10.2007 and was granted adjournment to produce documentary evidence, but no document was tendered on the next date of hearing i.e. on 09.10.2007 and also on the adjourned dates i.e. 02.11.2007 and 14.12.2007, when the case was fixed for tendering of documents by the claimant as well as for evidence of the respondent. Thereafter, on 11.01.2008, evidence of respondents no.1 and 2 was closed for tendering documents and the case was adjourned to 25.01.2008 for remaining evidence of respondent no.3. On 25.01.2008, the claimant moved an application for additional evidence. Reply thereof was filed on 08.02.2008, but on 04.04.2008, the


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