CR No. 2345 of 2011 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No. 2345 of 2011 (O&M)

Date of Decision: 06.4.2011.

Rajbir Kaur and another

.......Petitioners

Vs.

Jeon Singh and another

......Respondents

CORAM:

HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Sumeet Mahajan, Senior Advocate with

Mr. G.P.S.Bal, Advocate

for the petitioners.

.....

SABINA, J.

Plaintiff Jeewan Singh has filed a suit for declaration

that he was owner of the house in dispute. During the pendency

of the suit, an application was filed for brining on record legal

representatives of the deceased plaintiff. Vide order dated

10.2.2011, the evidence of the petitioners was closed on the

application for impleading the legal representatives of the

plaintiff. Hence, the present petition by the defendants.

Learned counsel for the petitioners has submitted

that on the last date, fixed for evidence of the petitioners, they

could not conclude their evidence as father of the petitioner

Rajbir Kaur had died on 28.1.2011. Moreover, the brother of the

petitioner No.1 was pursuing the case as the counsel for the

petitioners. In these circumstances, the evidence could not be

CR No. 2345 of 2011 (O&M) -2-

led by the petitioners on 10.2.2011. Now one opportunity be

granted to the petitioners to lead their evidence.

Although, number of opportunities have been granted

to the petitioners to conclude their evidence but keeping in view

the facts and circumstances of the case, it would be in the

interest of justice to allow one more opportunity to the

petitioners to conclude their evidence. In case, the petitioners

are allowed to lead their evidence, the application for bringing on

record the legal representatives of the plaintiff, would be

disposed of on merits. Moreover, the other side can be

compensated with costs.

Accordingly, this petition is allowed. The trial court is

directed to grant one more opportunity to the petitioners to lead

their entire evidence subject to payment of ` 5,000/- as costs.

(SABINA)

JUDGE

April 06, 2011

Gurpreet