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2023 Supreme(P&H) 839

KARAMJIT SINGH
Asha Rani Malhotra – Appellant
Versus
Suresh Kumar Malhotra – Respondent


Advocates appeared:
Mr. Manpreet Singh Kanda, Advocate For the petitioners.

KARAMJIT SINGH, J.

1. The present petition has been filed by the petitioners/ defendants seeking setting aside of order dated 18.10.2023 (Annexure P-7) passed by the Court of Civil Judge (Jr.Divn.), Jalandhar whereby the evidence of the petitioners has been closed by order.

2. The counsel for the petitioners while assailing the impugned order, inter alia, contends that earlier the petitioners filed an application for permission to lead additional evidence and the said application was allowed and learned trial Court granted two opportunities to the petitioners to produce additional evidence subject to costs of Rs.4000/- vide order dated 14.09.2023 and the case was fixed for 27.09.2023 for that purpose only. That on 27.09.2023 the Local Bar Association observed ‘No work day’ and as such the case was adjourned to 18.10.2023 for the purpose of additional evidence of the petitioner. It is further contended that due to unavoidable circumstances on 18.10.2023 the petitioners were unable to produce the additional evidence and consequently the trial Court passed impugned order (Annexure P-7). It is further submitted that the impugned order was passed in haste without affording two effective o

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