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2023 Supreme(P&H) 23
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Shanti Devi (since Deceased) Through Her Lrs - Appellant
Versus
Ram Kumar & Ors. - Respondents
Civil Revision No. 219 of 2023
Decided On : 13-01-2023
Kartar Singh Malik, Advocate
In the interest of justice, courts may grant additional opportunities for evidence presentation, considering the circumstances of the parties involved.
Headnote:
Evidence Closure - Elderly Plaintiff - The court allowed the petitioners to lead their entire evidence by granting them two opportunities, considering the elderly plaintiff's inability to lead evidence due to the Covid-19 pandemic and her old age.
Fact of the Case:
The petitioners challenged the order closing their evidence, seeking two opportunities to lead their entire evidence due to the elderly plaintiff's inability to do so because of the Covid-19 pandemic and her old age.
Finding of the Court:
The court allowed the petition, setting aside the impugned order and granting the petitioners two opportunities to lead their entire evidence, subject to payment of cost and with a condition not to make further requests for adjournment.
Issues: Challenge to evidence closure, request for two opportunities to lead entire evidence, impact of elderly plaintiff's inability to lead evidence due to Covid-19 pandemic and old age.
Ratio Decidendi: In the interest of justice, considering the elderly plaintiff's circumstances, the court granted the petitioners two opportunities to lead their entire evidence.
Final Decision: The petition is allowed, the impugned order is set aside, and the petitioners are granted two opportunities to lead their entire evidence, subject to payment of cost and with a condition not to make further requests for adjournment.
JUDGMENT
Anupinder Singh Grewal, J. - The petitioners/plaintiffs have challenged the order dated 23.11.2022 (Annexure P-3) whereby their evidence has been closed.
2. Learned counsel for the petitioners submits that Shanti Devi, who was over 70 years of age, had filed a suit for partition and permanent injunction in the year 2017 and the issues were framed on 22.08.2019. However, due to Covid-19 pandemic and her ill health, she could not lead her evidence. She had expired on 04.05.2022 and thereafter, is being represented by her legal representatives. He also submits that the closure of evidence at this stage would cause serious prejudice to the case of the petitioners who are seeking only two opportunities to lead their entire evidence.
Heard.
3. In view of the limited prayer of the petitioners for affording them two opportunities to lead their evidence, I intend to dispose of this petition without issuance of notice to the respondents/defendants. Smt. Shanti Devi, who was an elderly lady, had filed a suit for partition and permanent injunction in the year 2017. She could not lead evidence partly due to Covid-19 pandemic and due to her old age. Therefore, it would be in the interest of justice if the petitioners/plaintiffs be granted two opportunities to lead their entire evidence.
4. Consequently, the petition is allowed and the impugned order dated 23.11.2022 (Annexure P-3) is set aside. The petitioners would be afforded only two opportunities to lead their entire evidence subject to payment of Rs.5,000/- as cost, to be paid to the respondents/defendants. However, it is made clear that the petitioners will not make any further request to adjourn the matter.
5. If the respondents are aggrieved by the order of this Court, they would be at liberty to approach this Court by filing an appropriate application in that regard.
