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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Banarsi Dass – Appellant
Versus
Market Committee Tohana – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The petitioner has preferred the instant civil revision under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court to assail the order dated 23.02.2026 passed by the learned Additional Civil Judge (Senior Division), Pehowa. By way of the impugned order, the petitioner-defendant’s evidence was closed by order of the Court.
2. The underlying litigation involves a suit for recovery of Rs.35,81,330/-, along with interest, instituted by the respondent-plaintiff (Market Committee) against the petitioner-defendant. The suit is being contested by the petitioner through a detailed written statement.
3. Following the settlement of issues on 29.09.2022, the respondent-plaintiff was afforded over ten opportunities to conclude its evidence, which was eventually closed on 05.03.2025. Subsequently, the petitioner-defendant was granted eight effective opportunities to adduce evidence before the trial Court passed the order of closure. The petitioner contends that this disparity in the number of opportunities—contrasted against the twenty granted to the plaintiff—has resulted in grave procedural prejudice. It is further submit
Judicial discretion must balance the need for expeditious trial with fairness to parties, allowing limited opportunities for evidence while preventing indefinite delays.
The court reaffirmed the principle that parties must diligently prosecute their cases and that undue adjournments harm the justice system.
Courts may close plaintiff's evidence after multiple (more than three) wasted opportunities in old suits; delays often due to parties' conduct, not judicial inaction; no interference warranted.
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