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HARKESH MANUJA
Karamjeet Singh – Appellant
Versus
Harmandeep Dhillon – Respondent
JUDGMENT
Harkesh Manuja J. (Oral) - By way of present revision petition challenge has been made to an order dated 02.08.2022 (Annexure P-6) passed by the court of learned Additional Civil Judge (Senior Division), Sangrur, whereby, the evidence of the petitioner/defendant No.1 has been closed by court orders.
2. The facts leading to the present case are that respondent No.1-plaintiff filed a suit for declaration claiming himself to be owner being cosharer to the extent of 1/3rd share in the land detailed in the plaint with a further challenge to the mutation No.5034 dated 29.03.2017 sanctioned and entered in the name of the petitioner/defendant No.1 based on the registered Will dated 19.03.2015.
3. Issues in the present case were framed on 13.05.2019. Thereafter, the evidence of respondent- No.1-plaintiff was concluded on 21.11.2019 and the matter was fixed for recording of the evidence of petitioner-defendants. Vide impugned order dated 02.08.2022, the evidence of the petitioner-defendant No.1 has been closed by the court orders on the ground that he has been granted sufficient opportunities and despite that he has not been able to conclude his evidence. It is the said order, which ha
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 further opportunities to lead evidence to avoid adversely affecting the rights of the parties involved.
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