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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Manjit Singh – Appellant
Versus
Harpreet Singh – Respondent
Sudeepti Sharma, J.
The present petition is preferred against the impugned order dated 04.01.2025 passed by learned Civil Judge (Junior Division), Batala, whereby, the evidence of the plaintiff/petitioner was closed by court order and further prayer is for setting aside order dated 02.04.2025 passed by learned Civil Judge (Junior Division), Batala, whereby the application for permission to adduce additional evidence moved on behalf of plaintiff/petitioner was dismissed.
2. Learned counsel for the petitioner contends that learned Civil Judge (Junior Division), Batala, has wrongly closed the evidence of the plaintiff/petitioner by court order and also dismissed the application filed by the petitioner/plaintiff for additional evidence. Learned counsel for the petitioner contends that due to unavoidable circumstances, the petitioner could not examine his witnesses, therefore, he prays that one last opportunity be granted to the petitioner to examine his witnesses.
3. I have heard learned counsel for the petitioner and perused the whole file of this case with his able assistance.
4. A perusal of the file shows that the petitioner is about 70 years old. Due to the lapses on the
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 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.
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.
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