Civil Revision No.1243 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1243 of 2011 (O&M) Date of Decision 23.02.2011 Ramandeep Singh Ahluwalia ...... Petitioner VERSUS Gurcharan Singh Ahluwalia ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ajay Jain, Advocate, for the petitioner. ***** A.N.JINDAL, J: The petitioner-plaintiff (herein referred as 'the petitioner') has challenged the order dated 22.01.2011 (Annexure P-2), passed by the Civil Judge (Junior Divsiion), Khanna, whereby his evidence was closed by order. The trial Court has observed that after 24.10.2009, six opportunities were given to the petitioner to conclude his evidence but he had not concluded the same. However, learned counsel has taken me through the zimni orders dated 24.10.2009 and onwards, which are reproduced as under:- “Present: Sh.Parshant Datt, learned counsel for the plaintiff. Sh.Paramjit Singh for defendant. No PWs present. Shri Parshant Datt, Advocate, stated that some compromise is in progress. On request of plaintiff, adjourned to 05.12.2009 for compromise if any and for evidence of the plaintiff. This is last opportunity to the plaintiff for evidence, failing which the evidence shall be deemed to be closed. Sd/- 24.10.2009 Civil Revision No.1243 of 2011 2 Present: None. File taken up today as the learned Presiding Officer is on leave on 05.12.2009. To come up on 26.02.2010 as per previous order. Sd/- 04.12.2009 Present: Sh.Parshant Datt, Advocate, for plaintiff. Sh.M.M.Rattan, Advocate, for defendant. PW1 Ramandeep Singh tendered into evidence Ex.PA. Cross-examination deferred. An application for excerpt is filed, taken on record. Now to come up on 24.04.2010 for PWs and reply to the application. Sd/- 26.02.2010 Present: None for the plaintiff Sh.M.M.Rattan for defendant. None appeared on behalf of plaintiff. Sh.M.M.Rattan filed reply to excerpt. Adjourned to afternoon, awaiting the plaintiff. Sd/- 24.04.2010 In the afternoon on 24.04.2010, the case was adjourned to 29.05.2010. Present: Sh.M.L.Gupta, Advocate, for plaintiff. Sh.M.M.Rattan, Advocate, for defendant. Consideration not adduced. Adjourned to 07.08.2010 for consideration on application. Sd/- 29.05.2010 On 07.08.2010, the application to get prepared the excerpt was allowed and the case was adjourned to 23.10.2010 for concluding the evidence of the plaintiff. Present: Sh.M.L.Gupta, Advocate, for plaintiff. Sh.M.M.Rattan, Advocate, for defendant. PW2 Pawan Kumar present and examined in chief. Cross-examination deferred. Present witness bound down for 22.01.2011. Remaining plaintiffs evidence be also produced on Civil Revision No.1243 of 2011 3 the date fixed. Sd/- 23.10.2010” On perusal of the aforesaid orders, it transpires that none of the opportunity remained unused whereas the case was being adjourned for the one reason or the other and the witnesses could not be examined, therefore, it appears that the Court took wrong view of the matter stating that the petitioner could not examine any witness during those six opportunities. The Court appears to have acted in haste. In these circumstances, it would be expedient in the interest of justice to provide sometime to the petitioner to lead evidence, subject to payment of costs. Resultantly, I accept the present petition, set aside the impugned order and direct the petitioner to conclude his evidence on 02.04.2011, the date already fixed before the trial Court, subject to payment of Rs.2,000/- as costs. However, no further date would be given. This petition is disposed of without issuing notice to the respondent/s with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondent/s as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent/s may move this court for recalling this order. (A.N.Jindal) Judge 23.02.2011 mamta-II