Civil Revision No. 7032 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7032 of 2009 Date of decision : 16.3.2010 Mrs. Malti Devi and others ....Petitioners Versus Sharif and others ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Tapan Kumar, Advocate for Mr. Jaivir Yadav, Advocate for the petitioner. Mr. Anuj Gupta, Advocate for the respondents No.1 & 2 Ms. Anamika Mehra, Advocate for respondent no.3. S. D. ANAND, J. The petitioners herein had filed a claim before the learned Motor Accidents Claim Tribunal( hereinafter referred to as “the Tribunal”) for compensation in respect of the death of Virender Singh (husband of petitioner Malti Devi and father of other petitioners) in the course of the impugned motor vehicular accident. They filed a plea for the recall of one of the petitioners to prove the first information report which they had omitted to prove when examined earlier. The plea, raised in the context, it was on account of inadvertence on the part of earlier learned counsel that the contents of FIR could not be proved. The plea was negatived by the learned Tribunal. The learned counsel for the respondent has today placed on record a copy of order dated 21.11.2008 which indicates that the matter was fixed for pronouncement when a newly engaged counsel Civil Revision No. 7032 of 2009 -2- appeared on behalf of the petitioner and filed the impugned plea for the recall of the witness under reference “for further examination and additional evidence”. The averment, made on behalf of the petitioners herein, was that the matter was fixed for arguments. In view of the fact that the arguments have been indicated to have been concluded and matter was adjourned for pronouncement, it is apparent that the trial stood concluded. No plea for recall of witness or additional evidence could be filed thereafter. The mere fact that a newly engaged counsel came to enter appearance would, ipso facto, be no justification for the allowance thereof. The petition is held to be denuded of merit and is ordered to be dismissed accordingly. March 16, 2010 (S. D. ANAND) Pka JUDGE