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ANUPINDER SINGH GREWAL
Jaswant Singh – Appellant
Versus
Manjit Singh – Respondent
ANUPINDER SINGH GREWAL, J.
1. The petitioners have challenged the order dated 23.11.2022 (Annexure P-6) whereby their evidence has been closed.
2. Learned counsel for the petitioners submits that the respondent/plaintiff had filed a suit for mandatory injunction and the matter had been adjourned to 23.11.2022 for recording the evidence of the defendants. On 23.11.2022, a resolution had been passed by the District Bar Association to observe 'no work day' and therefore, the witnesses could not be examined. He further submits that the closure of evidence of the petitioners/defendants without examining the remaining witnesses would cause serious prejudice to their case and prays for only one opportunity to examine DW5 Bihari Lal.
3. Heard.
4. In view of the limited prayer of the petitioner for affording them one opportunity to examine DW5, I intend to dispose of this petition without issuance of notice to the respondent. The petitioners are only seeking one opportunity to examine the witness who could not be examined on 23.11.2022 as the Lawyers had abstained from work. It would be in the interest of justice if the petitioners are granted one opportunity subject to payment of cost.
5. Conse
The court has the discretion to allow one opportunity to examine a witness when their evidence could not be recorded due to external factors, balancing the interest of justice with the impact of such....
Litigants should not be penalized for their counsel's lapses, and courts must prioritize justice and merit in adjudicating cases.
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 emphasized the importance of considering the circumstances and providing a fair chance for examination, especially when the delay was due to legitimate reasons.
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