Sunder Singh vs Ishwar Singh And Others
2023 Latest Caselaw 4088 P&H

                           CR No.3982 of 2022                     -1-                   2023:PHHC:051864

                            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                           202                                            CR No.3982 of 2022
                                                                          Date of Decision : 13.04.2023


                           Sunder Singh                                                       ....Petitioner

                                                              VERSUS

                           Ishwar Singh and Others                                         ....Respondents

                           CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                           Present :     Mr. Raman Chawla, Advocate for the petitioner.

                                         Mr. D.S. Nain, Advocate for respondent Nos.1 and 2.

                                         Mr. Ram Kumar Saini, Advocate for respondent No.3.

                           ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of

the Constitution of India challenging the order dated 03.09.2022 passed by

the Trial Court whereby the evidence of the plaintiff-petitioner has been

closed by order of the Court.

2. Learned counsel for the plaintiff-petitioner would contend that

the issues in the present case were framed on 13.05.2022 and thereafter on

03.09.2022 the evidence of the plaintiff-petitioner was closed by order of the

Court. It is submitted that an application for summoning of witnesses was

also filed which has been treated as a via-media for bypassing the directions

issued by the Court on 24.08.2022. It is contended that grave injustice shall

be caused to the plaintiff-petitioner if the impugned order is not set aside.

3. Per contra learned counsel for the defendant-respondents have

contended that despite numerous opportunities the evidence was not led and

hence the Court has rightly passed the order closing the evidence of the

plaintiff-petitioner.

JITENDER KUMAR 2023.04.14 11:32 I attest to the accuracy and authenticity of this order/judgment CHANDIGARH CR No.3982 of 2022 -2- 2023:PHHC:051864

4. In the present case, as is apparent from a perusal of the orders

appended with the petition, the issues were framed on 13.05.2022.

Thereafter, the matter was taken up on 04.07.2022 and no witness was

present and the same was adjourned to 04.08.2022. On 04.08.2022, yet

again, no witness was present and the plaintiff-petitioner was directed to

conclude his entire evidence at the earliest. On 24.08.2022, the following

order was passed :

"Today one PW Sunder Singh is present and examined

in chief as PW1 by way of tendering affidavit Ex.PW1/A

alongwith documents Ex.P1 to Ex.P4 into evidence.

However, cross-examination of PW1 Sunder Singh is

deferred on request of ld. Counsel for plaintiff as he

wants to go through the affidavit and documents.

Evidence is recorded by LC Ms. Kamlesh Adv. Fees is

paid by the party as per instructions of Hon'ble High

Court. Adjournment is granted subject to cost of

Rs.500/- to be paid to the witness by the defendants on

the next date of hearing. Now to come up on 03.09.2022

for completion of cross-examination of PW1 and for

concluding entire remaining evidence of plaintiff at own

responsibility failing which evidence of plaintiff shall he

closed by court orders. PW1 stands discharged for

today and bound down for date fixed."

5. Thereafter, vide the impugned order dated 03.09.2022 the Court

closed the evidence of the plaintiff-petitioner.

JITENDER KUMAR 2023.04.14 11:32 I attest to the accuracy and authenticity of this order/judgment CHANDIGARH CR No.3982 of 2022 -3- 2023:PHHC:051864

6. Learned counsel for the petitioner has pointed out that the costs

of Rs.500/- stood paid as imposed vide order dated 24.08.2022.

7. Though, the plaintiff-petitioner has been remiss in leading his

evidence, however, in order to do complete justice between the parties, an

opportunity is granted to the plaintiff-petitioner to lead his entire evidence.

The Trial Court shall grant two effective opportunities to the plaintiff-

petitioner to lead his entire evidence at his own risk and responsibility,

subject to payment of costs of Rs.15,000/- to respondent Nos.1 and 2 and

Rs.15,000/- to respondent No.3.

8. Disposed off in the above terms. Pending applications, if any,

also stand disposed off.

                                                                                      ( ALKA SARIN )
                           13.04.2023                                                     JUDGE
                           jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

JITENDER KUMAR 2023.04.14 11:32 I attest to the accuracy and authenticity of this order/judgment CHANDIGARH