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GURBIR SINGH
Parvinder Kaur @ Parminder Kaur – Appellant
Versus
Aryan – Respondent
GURBIR SINGH, J.
1. Challenge in this revision petition filed under Article 227 of the Constitution of India is for setting aside the order dated 16.10.2023 (Annexure P-53) passed by learned Civil Judge (Junior Division), Ambala, whereby the evidence of the petitioner-defendant No.1 has been closed by order.
2. Learned counsel for the petitioner-defendant No.1, at the outset, submits that the written statement was amended in pursuance of application moved by the petitioner-defendant No.1. An issue with regard to the Will was framed. The learned trial Court considering that the petitioner-defendant No.1 had availed numerous opportunities to conclude the evidence, her evidence was closed by order. She admits that there is some inaction on her part but proving of the Will is necessary. Learned counsel further submits that one opportunity be granted to the petitioner to lead evidence and she would produce the evidence at her own responsibility and shall not claim any other opportunity.
3. On asking, learned counsel for the petitioner has placed on file list of witnesses to be examined and when faced with situation that why Patwari is to be examined, when clerk concerned can prove the regi
Procedural technicalities should not lead to non-suiting the petitioner, and justice should be advanced by granting one opportunity to lead remaining evidence.
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....
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