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HARKESH MANUJA
Jagat Singh Ahluwaliaand Another – Appellant
Versus
Sanat Kumar Das – Respondent
JUDGMENT
Harkesh Manuja, J. (Oral) - By way of present revision petition challenge has been made to an order dated 07.10.2022 passed by the Court of Civil Judge (Jr. Divn.) Bathinda, whereby, prayer made by respondent No.l/plaintiff vide application dated 15.09.2022, permitting him to appear for his own cross-examination besides recording of statement of one another witness namely Anil Kumar has been allowed. Relevant paragraphs from application dated 15.09.2022 are reproduced hereunder for reference:
'2. That earlier the above noticed case was fixed for 7.9.2022for cross examination PPKs and case was deferred for further cross examination for 14.09.2022 and the PW came present before the Hon'ble Court for cross examination but case was not enlisted the cause list of this Hon 'ble Court on 14.9.2022.
3. That on this the counsel for the petitioner enquired about the status of cases then it came to know that the case is fixed for 15.09.2022.
4.That today when the PW came present for cross examination before the Hon'ble Court, then it came to knowledge that the evidence of the plaintiff has been closed vide order dated 9.9.2022. "
2. Having impugned the order dated 07.10.2022, It has been
The court has the discretion to allow a party to appear for cross-examination based on a genuine explanation for non-appearance, considering substantial rights of the parties and to do substantial ju....
The court emphasized the importance of judicial discretion and procedural law in achieving the ends of justice, highlighting that the closure of evidence should be a last resort and adequate opportun....
The court has the discretion to grant one last effective opportunity to a party to conclude their evidence in the interest of justice.
The disputes between the parties should be disposed of on merits rather than on petty technical issues.
The court ruled that procedural rules should facilitate justice, allowing further cross-examination of a witness to ensure fairness in the trial process.
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