Gurlal Singh Danewalia vs Daljit Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 2105

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gurlal Singh Danewalia – Appellant
Versus
Daljit Singh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Rajan Bansal, Advocate
For the Respondent Mr. Pawan Kumar, Senior Advocate with Ms. Vidushi Kumar, Advocate and Mr. Nitesh Gautam, Advocate, Mr. Sandeep Singh, AAG, Punjab

JUDGMENT :

VIKAS BAHL, J.

CHALLENGE IN THE PRESENT REVISION PETITION

1. This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the impugned common order dated 19.09.2024 (Annexure P-7) passed by the Civil Judge (Jr.Div.), Bathinda, vide which an application dated 11.07.2024 filed by the petitioner-plaintiff for discarding the examination in chief of DW-9 Daljit Singh (defendant no.1) has been dismissed and the second application dated 24.07.2024 filed by respondent no.1-defendant no.1 under Order 18 Rule 3A CPC for grant of permission to examine himself as a witness in the case has been allowed.

ARGUMENTS ON BEHALF OF THE PETITIONER

2. Learned counsel for the petitioner has submitted that in the present case, the suit for declaration, mandatory injunction and permanent injunction was filed by the petitioner-plaintiff in January, 2015 and the written statement was filed in the case on 16.05.2015 and thereafter the plaintiff evidence started on 17.12.2015 and was closed on 15.11.2017. It is submitted that the defendants started their evidence on 28.11.2017 and after examining eight witnesses, they sought to examine DW-9 Daljit Singh, who i