CR No. 5171 of 2022

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR No. 5171 of 2022

DATE OF DECISION :- December 20, 2022

Harjinder Singh and another

...Petitioners

Versus

Arun Kumar Dhir (since deceased) through his LRs and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN

Present:-

Ms. Tanisha, Advocate for

Mr. K.S. Brar, Advocate for the petitioners.

***

Mr. Prem Singh Bhangu, Advocate has filed vakalatnama for

respondents No. 1(i), 1(iii) and 2, which be taken on record.

The revision petitioners, who are plaintiffs in the civil suit filed

by them against Arun Kumar Dhir and others pending in the Court of Civil

Judge, Junior Division, Sultanpur Lodhi are feeling aggrieved by order

dated 10.10.2022 vide which evidence of the plaintiff has been closed by

order. That order has been challenged by the plaintiffs by way of filing the

present revision petition, notice of which was given to respondents

defendants, who have appeared through counsel.

I have heard learned counsel for the petitioners and learned

counsel for respondents No. 1(i), 1(iii) and 2 besides going through the

record.

Certainly no fault can be found with the impugned order since

as it is mentioned therein the case pertains to Action Plan Category and

statement of the plaintiff had already been recorded on 8.8.2022 and he was

PARVINDER SINGH

2022.12.22 16:30

I attest to the accuracy and

authenticity of this document

CR No. 5171 of 2022

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given a last opportunity to bring his evidence and get PW5 Jasbir Singh

cross-examined in the Court, which he did not do.

However, I feel that interest of justice demands that doors of

evidence should not be closed on any of the contestant and full and

complete opportunity should be given to them to produce their evidence.

Under the circumstances, in the interest of justice, the order

closing the evidence of plaintiff is set aside by way of acceptance of

revision petition and plaintiffs are given one opportunity to conclude their

remaining evidence including causing appearnce of PW5 Jasbir Singh for

cross-examination subject to payment of Rs.10,000/- as costs. The plaintiffs

shall bring a demand draft in the sum of Rs.10,000/- in the name of Kamal

Dhir, widow of Arun Kumar Dhir which be handed over to her/counsel for

defendants in the Court and only then they shall be allowed to adduce

remaining evidence and get PW5 Jasbir Singh cross-examined. It shall be

the responsibility of the plaintiffs to adduce all evidence and cause

appearance of PW5 Jasbir Singh in the Court and no further opportunity

shall be given for the purpose in any case.

The revision petition is allowed accordingly.

(H.S. MADAAN)

JUDGE

December 20, 2022

p.singh

Whether speaking/reasoned

Yes/No

Whether Reportable

Yes/No

PARVINDER SINGH

2022.12.22 16:30

I attest to the accuracy and

authenticity of this document