Civil Revision No. 1871 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1871 of 2010(O&M) Date of Decision: April 27, 2010 Shorab .....Petitioner versus Hurmat ....... Respondent Coram: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Rakesh Dhimani, Advocate for the petitioner. Mr.N.D.Achint, Advocate for the respondent. **** 1. Whether Reporters of local newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Ajay Tewari, J This petition has been filed against an order closing the evidence of the petitioner. Learned counsel for the petitioner has stated that after the petitioner had led his entire evidence additional issues were framed on an application moved by the respondent during his evidence and consequently fresh opportunity was granted to the petitioner to lead his evidence. On five dates the petitioner had summoned the witnesses after depositing necessary diet money and process fee but the witnesses did not appear. Consequently evidence of the petitioner was closed. Leaned counsel for the petitioner has Civil Revision No. 1871 of 2010(O&M) 2 argued that even though adequate opportunities were granted to the petitioner and in view of the fact that the petitioner could not be held guilty of his negligence, it would be in the interest of justice if one opportunity is granted to the petitioner to lead his entire evidence at his own responsibility. Learned counsel for the respondent on the other hand states that now the case is fixed for final arguments on 14.05.2010 and actually the respondent shall lead his evidence only in response to the evidence which is to be led by the petitioner. In my opinion the interest of the respondent can be safeguarded firstly by allowing him an opportunity to rebut the evidence which may be led by the petitioner and also by the award of the costs. In the circumstances this petition is allowed. Learned trial Court is directed to give one effective opportunity to the petitioner to lead his evidence at his own responsibility. In case the petitioner leads any further evidence then one opportunity be granted to the respondent to rebut the same. Apart from this the petitioner will also pay costs of Rs. 5000/- in favour of the respondent by way of bank draft to be paid before the trial Court. The petition is allowed in the above terms. Since the main case has been decided, the Civil Misc. Application, if any, shall also stand disposed of. (AJAY TEWARI) JUDGE April 27, 2010 sunita Civil Revision No. 1871 of 2010(O&M) 3 Civil Revision No. 1871 of 2010(O&M) 4 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1667 of 2010 Date of Decision: March 11,2010 Sushil Kumar .....Petitioner versus Vishnu and others ....... Respondents Coram: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Jainainder Saini, Advocate for the petitioner. **** 1. Whether Reporters of local newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Ajay Tewari, J. This petition has been filed against an order closing the evidence of the petitioner-plaintiff. Learned counsel has argued that no doubt five opportunities were granted to the petitioner but it took time for the petitioner to collect all the revenue record since it is lying in two Tehsils. Further states that now the entire record is available with the petitioner and he will lead his entire evidence on the next date fixed viz.13.03.2010. Further states that in case the petitioner leads his entire evidence on 13.03.2010 (which is the first date for the defendants to lead their evidence) and thereafter the defendants lead their evidence, no prejudice would be caused to them. Civil Revision No. 1871 of 2010(O&M) 5 In my opinion it would be in the interest of justice to permit the petitioner to lead his entire evidence at his own responsibility on 13.03.2010 and thereafter the respondents lead their evidence. It is made clear that no further opportunity will be granted to the petitioner for this purpose. The revision petition is allowed in the above terms. A copy of this order be given dasti to learned counsel for the petitioner under the signatures of the Court Secretary. (AJAY TEWARI) JUDGE March 11, 2010 sunita