Ajmer Singh Dhillon vs Rachpal Kaur And Others

Punjab-Haryana High Court

Ajmer Singh Dhillon vs Rachpal Kaur And Others on 4 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                        2024:PHHC:045824

                            122
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-388-2024 (O&M)
                                                                          Date of decision : 04.04.2024


                            Ajmer Singh Dhillon                                               ... Petitioner(s)

                                                                Versus

                            Rachpal Kaur & Ors.                                            ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :    Mr. Parambir Singh, Advocate for the petitioner.

                                         Mr. P.S. Punia, Advocate for respondent Nos.1 and 2.



                            ALKA SARIN, J. (ORAL)

1. The present revision petition has been preferred by the plaintiff- petitioner challenging the order dated 18.09.2023 (Annexure P-14) whereby the evidence of the plaintiff-petitioner has been closed.

2. Learned counsel for the plaintiff-petitioner would contend that only three more witnesses need to be examined and that given two effective opportunities, the plaintiff-petitioner would conclude his entire evidence at his own risk and responsibility.

3. Learned counsel for defendant-respondent Nos.1 and 2 states that the plaintiff-petitioner has been delaying the matter and that despite 25 effective opportunities he has failed to conclude his evidence.

4. I have heard the learned counsel for the parties.

2024.04.05 09:40 I attest to the accuracy and integrity of this order/judgment.

High Court Chandigarh
                                                                                      2024:PHHC:045824

                            CR-388-2024 (O&M)                                                       -2-

5. In the present case the plaintiff-petitioner filed a suit for permanent injunction for restraining the defendant-respondents from closing 2 karam rasta as described in detail in the plaint. No doubt despite 25 effective opportunities the plaintiff-petitioner has failed to conclude his evidence, however, keeping in view the fact that only three more witnesses need to be examined and in order to impart complete justice between the parties, this Court deems it appropriate to grant two effective opportunities to the plaintiff-petitioner to lead his entire evidence at his own risk and responsibility starting on the next date of hearing before the Trial Court i.e. 15.04.2024, subject to payment of costs of Rs.30,000/- to be paid to the defendant-respondents, which shall be a condition precedent.

6. Disposed off accordingly. Pending applications, if any, also stand disposed off.

                            04.04.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.04.05 09:40 I attest to the accuracy and integrity of this order/judgment.