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RITU TAGORE
Jasbir Singh – Appellant
Versus
Surjit Singh – Respondent
JUDGMENT
Mrs. Ritu Tagore, J.
Mr. Kushagra Mahajan, Advocate appears on behalf of respondents No.1 and 2 and files Power of Attorney, which is taken on record, subject to just exceptions. Learned counsel for the petitioner also places on record photocopy of the plaint of case titled 'Jasbir Singh through Special Power of Attorney Shri. Kulwant Singh son of Gian Singh resident of village Rasulpur Kala, Tehsil and District Amritsar v. Surjit Singh and others' which is also taken on record, subject to just exceptions.
2. This revision petition is directed against the order dated 20.09.2023 (Annexure P-3), passed in Civil Suit No. CS 1057 of 2015 titled 'Jasbir Singh v. Surjit Singh & Others', whereby the evidence of petitioner (plaintiff before the trial Court) has been closed by Court order and order dated 14.11.2023 (Annexure P-5) by virtue of which, the application filed by the petitioner for recalling the order dated 20.09.2023 (Annexure P-3) has been dismissed.
3. Learned counsel for the petitioner urged that petitioner instituted a suit against respondents for declaration and for consequential relief of permanent injunction on various pleas as detailed in the plaint. On 29.10.2018
The trial Court must enforce attendance of witnesses and cannot close evidence without taking necessary coercive measures, ensuring fair opportunity for parties to present their case.
The court established that the trial court must take coercive steps to secure witness attendance when a party has fulfilled procedural obligations under Order 16 Rule 10 CPC.
The trial court erred in closing the evidence of DW 10 without first determining whether his presence was necessary and without issuing a formal summons under Rule 5 of Order XVI of the CPC.
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....
Litigants should not be penalized for their counsel's lapses, and courts must prioritize justice and merit in adjudicating cases.
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