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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARMOD GOYAL
Yogesh Ghai – Appellant
Versus
Om Parkash Rana – Respondent
JUDGMENT :
Parmod Goyal, J.
Petitioner is aggrieved by the impugned order dated 22.09.2025 (Annexure P-6), vide which defendant’s evidence was closed.
2. Following order was passed by the Court on 22.09.2025 :-
“DW1 Yogesh Ghai is present and recorded. No other DW is present. Despite service of notice, PW Clerk O/o District Disaster Management Committee, Rohtak not appeared. Perusal of file shows that defendant has availed several opportunities including two last opportunities for concluding his evidence, but he failed to do the same. Further adjournment for the same purpose is not justified. Hence, defendant’s evidence is hereby closed by the Court order.
Now, case is adjourned to 29.10.2025 for rebuttal evidence, if any otherwise for arguments.”
3. Perusal of impugned order goes to show that one DW was present and examined and other DW i.e. Clerk from Office of District Disaster Management Committee, Rohtak stood duly served, but had failed to appear.
4. Once a witness is served and has failed to appear, it is the duty of the Court to ensure presence of such witness and for non-appearance of a served witness, party wanting to examine him cannot be faulted with. Evidence cannot be clos
Closing evidence is impermissible when a party has made reasonable efforts to produce a duly served witness, ensuring the right to a fair trial is preserved.
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.
The central legal point established in the judgment is the importance of granting reasonable opportunities to the defendant to lead evidence and the need for judicial orders to fix actual dates for r....
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
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....
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.
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