Gulzar Singh and Another vs Dalwar Kaur and Others

Alok Singh, J.—Present petition is filed challenging the order dated 27.9.2010 passed by learned Civil Judge (Jr. Division), Sunam, whereby adjournment sought by the Defendant was declined and evidence of the Defendant/Petitioner herein was directed to be closed.

Learned Counsel for the Petitioner states that on the date fixed by this Court or by the learned trial Court remaining Defendant''s witnesses shall be produced before the Court below for the examination and no adjournment shall be sought.

In the opinion of this Court, present petition can be disposed of at the admission stage without any notice to the Respondents.

Keeping in mind the golden rule that none of the parties should be given walkover and lis between the parties, as far as possible, should be decided at its own merit after giving sufficient opportunities to both the parties to place on record entire evidence and material, in the peculiar facts and circumstances of the case, I direct learned trial Court to fix any date beyond the date 11.10.2010 for the Defendant''s remaining evidence. On the date so fixed by the learned trial Court, Defendant shall produce all the witnesses before the learned trial Court. If examination is not complete on the said date, then learned trial Court shall be at liberty to hold day to day trial or to fix any other date which is convenient to the learned trial Court to complete the examination of the witnesses. However, it is made clear that no adjournment shall be granted to the Defendant to produce witnesses. Petitioner/Defendant shall pay Rs. 5000/- as costs to the Plaintiffs/Respondents.

Petition stands disposed of accordingly.