RSA No. 157 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 157 of 2008 (O&M) Date of Decision: September 22, 2009 Umed Singh ...... Appellant Versus Sat Narain and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Kulvir Narwal, Advocate for the appellant. Mr. Jatinder Nagpal, Advocate with Mr. O.P.Nagpal, Advocate for the respondents. **** 1. Whether Reporters of local papers 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 appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for permanent injunction with regard to ownership and possession over plot bearing No.513 measuring 104 square yards in the abadi of the village. The suit was primarily dismissed since the appellant did not lead any evidence despite availing 6 or 7 opportunities. Before me the solitary contention of learned counsel for the appellants is that if one opportunity is granted to the appellant, he will lead his entire evidence. Learned counsel for the appellant is not in a position to dispute that for the lapse of the appellant the respondents have had to RSA No. 157 of 2008 (O&M) 2 engage counsel in the first appeal and in the second appeal before this Court. In case the appeal is allowed they would have to engage yet another counsel for the de novo trial which will necessarily take place. However, on an analysis of the comparative hardship to the parties, I hold that the closure of evidence of the appellant was unjustified in the facts and circumstances of the case. Consequently this appeal is allowed. The judgments and decrees of the courts below are set aside and the matter is remanded back to the trial court with a direction that one effective opportunity be granted to the appellant to lead his entire evidence and thereafter give opportunity to the respondents to lead their evidence. This would, however, be subject to payment of Rs. 40,000/- as costs to be paid by the appellant in favour of the two respondents. Parties through counsel are directed to appear before the Court of Additional Civil Judge(Senior Division), Bahadurgarh on 29.10,2009. It is made clear that the appellant shall pay the costs by way of demand draft of Rs. 20,000/- each in favour of the two respondents and that in case the said drafts are not tendered on the said date this appeal shall be deemed to have been dismissed without further reference to this Court. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE September 22, 2009 sunita