Punjab-Haryana High Court
Mahant Ram Dass vs Amarjeet on 20 September, 2022
MANPREET SINGH
2022.09.22 12:06
CR-3854-2020 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(119) CR-3854-2020 (O&M)
Date of Decision: 20.09.2022
Mahant Ram Dass ...Petitioner
Versus
Amarjeet ...Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Abhinav Sood, Advocate for
Mr. Vikram Singh, Advocate
for the petitioner.
3 246 of 3
HARKESH MANUJA, J.(ORAL)
1. Present revision petition has been filed against the order dated
18.07.2022 passed by learned Additional Civil Judge, (Senior Division),
Mohindergarh whereby the evidence of the petitioner/plaintiff has been closed
by court order.
2. The facts of the case are that on 02.02.2018, petitioner filed a suit
for recovery for a sum of Rs.18,00,000/-(Eighteen lakhs). The respondent
appeared and filed his written statement on 31.07.2018 and on the same day,
issues were framed by the learned trial Court, fixing the matter for recording
of petitioner/plaintiff's evidence.
3. In the present revision petition, learned counsel for the petitioner
relies upon zimni orders, which have been attached along with the present
revision petition as Annexure P-2, to contend that the petitioner with the
assistance of the learned trial Court summoned and examined two witnesses
i.e PW-1 and PW-2 (shown in the order dated 12.03.2020).
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MANPREET SINGH
2022.09.22 12:06
CR-3854-2020 (O&M) 2
4. Learned counsel further submits after having permitted to
examine two witnesses, the learned trial Court vide its order dated 12.03.2020
adjourn the suit for recording of the evidence of the petitioner/plaintiff at his
own responsibility. He also points out that since 12.03.2020 the suit was taken
up for effective hearing only on 23.03.2021, 03.01.2022, 21.02.2022 and
18.07.2022. Referring to these orders, learned counsel for the petitioner
submits that on account of Covid-19 situation, there was some communication
gap between the counsel and the petitioner in the trial Court and as such,
petitioner could not remain in constant touch with his counsel and thus was
not able to conclude his evidence. He also submits that in case one last
effective opportunity is granted to the petitioner, he will conclude his entire
evidence on the date fixed, at his own responsibility.
5. Having heard learned counsel for the petitioner and gone through
the records as well as zimni orders passed by the learned trial Court though
considering the number of opportunities granted to the petitioner, there does
not seem to be any reasonable justification in interfering with the impugned
order passed by the learned trial Court, yet, in view of the fact that there have
been intermittent breaks in the hearing of the suit before the learned trial Court
on account of Covid-19 situation, resulting into some kind of communication
gap between the parties and their respective counsels, I deem it appropriate to
grant one last opportunity to the petitioner to conclude his entire evidence at
his own responsibility on the date fixed by the learned trial Court i.e.
27.09.2022, subject to payment of cost of Rs.10,000/- to be paid to the
respondent.
6. Accordingly, the impugned order dated 18.07.2022
(Annexure P-1) passed by the learned Additional Civil Judge, (Senior
Division), Mohindergarh is hereby set aside and the present revision petition is
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authenticity of this order/judgment
CR-3854-2020 (O&M) 3
being disposed of at the preliminary stage without issuing notice to the other
side in order to avoid any further delay in the proceedings. However, the
respondent is at liberty to move an appropriate application in case he finds any
mis-statement of fact on the part of petitioner.
(HARKESH MANUJA)
JUDGE
September 20, 2022
Manpreet
Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
MANPREET SINGH
2022.09.22 12:06
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authenticity of this order/judgment
