CR No. 3175 of 2018

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR No. 3175 of 2019 (O&M)

Date of Decision:-12.12.2019

Baldev Singh and another

...Petitioners

Versus

Nachittar singh and others

... Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:- Mr. Rahul Rampal, Advocate,

for the petitioners.

Mr. Chandan Deep Singh, Advocate,

for respondents No.1 and 2.

Mr.Sahil Abhi, Advocate,

for respondents No.3 to 5.

*****

RAJ MOHAN SINGH, J

.(Oral)

The petitioners have assailed the order dated

29.04.2019 passed by the Civil Judge (Jr. Divn.), Ludhiana vide

which the opportunity to lead evidence in rebuttal was declined.

Earlier, Civil Revision No.2432 of 2014 was filed by

respondents No.1 and 2 against the present petitioners. Vide

order dated 02.04.2014, the aforesaid revision petition was

disposed of without notice to the present petitioners. The order

reads as under:-

"There is no reason to interfere with the discretion

exercised by the learned trial Court in restoring the suit.

GEETA RANI

2019.12.13 18:19

I attest to the accuracy and

integrity of this document

CR No. 3175 of 2018

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However, noticing the fact that the suit itself was

initiated in the year 2007, I am of the considered view that

the respondents would not be given more than three

opportunities to lead their evidence spread out over a

period of three weeks each and similarly the petitioners

would also be given three opportunities to conclude their

evidence on the same pattern and thereafter short

adjournment would be given for leading evidence in

rebuttal. The suit would be concluded within a period of

one year positively.

The petition is disposed of with the aforesaid

directions."

Thereafter, in a reference for extension of time, order

dated 15.02.2019 was passed in CM No.3439-CII-2019 in CR

No.2432 of 2014.

Defendants while leading evidnece in afirmative led

evidence on issues No.6 to 18, 23 and 24. Plainitffs closed their

evidence in affirmative except documents (if any) vide order

dated 03.07.2018.

In view of the order dated 02.04.2014 passed by the

High Court in the aforesaid civil revision No.2432 of 2014, the

plaintiffs were entitled to lead evidence in rebuttal for which short

adjournments were required to be given by the Trial Court. The

right to lead evidence in rebuttal has been denied vide the

impugned order on the ground that the evidence of the plaintiff

was closed in affirmative, therefore, opportunity of leading

evidence in rebuttal cannot be granted. Reference of civil revision

GEETA RANI

2019.12.13 18:19

I attest to the accuracy and

integrity of this document

CR No. 3175 of 2018

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petition No.2432 of 2014 has also been made.

I am of the considered opinion that the plaintiffs are

entitled for one opportunity to lead evidence in rebuttal even in

the light of observasions made by the High Court in civil revision

petition No.2432 of 2014 vide order dated 02.04.2014. The

plaintiffs-petitioners shall lead the evidence in rebuttal on the

date already fixed with the process of the Court.

With the aforesaid observation, this revision petition is

disposed of.

12.12.2019

( Raj Mohan Singh )

geeta

Judge

Whether speaking /reasoned

Yes / No

Whether Reportable

Yes / No

GEETA RANI

2019.12.13 18:19

I attest to the accuracy and

integrity of this document