Ajmer Singh Dhillon vs Rachpal Kaur And Others
2024 Latest Caselaw 7185 P&H

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.

integrity of this order/judgment.

                                                                                      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

integrity of this order/judgment.