Gurdeep Singh and Others vs Shama

Jaswant Singh, J.—Plaintiff is in revision under Article 227 of the Constitution assailing the order dated 15.4.2014(P-5) passed by the learned Additional Civil Judge (Senior Division) Samalakha whereby his evidence has been closed by Court order.

It is stated that the plaintiff has filed a suit for possession of agriculture land before the learned Civil Judge (Senior Division) Panipat on 6.9.2012. Issues were framed on 6.7.2013 and thereafter the petitioner/plaintiff availed three opportunities and adduced his evidence. However, on the last date fixed for tendering of the evidence for 15.4.2014, plaintiff could not present himself before the Court in view of the jurisdiction of the Court having been transferred from Panipat to Samalakha. Thus, it is contended that the reason for not adducing evidence on the said date is bona fide. Lastly, it is prayed that one effective opportunity at own risk and responsibility be granted to the petitioner/plaintiff to lead his entire evidence.

After hearing counsel for the petitioner/plaintiff this Court finds that the plaintiff has not been negligent and the reason for non-appearance on the last date appears to be genuine. Thus viewed, it is deemed expedient in the interest of justice to grant the plaintiff/petitioner one effective opportunity to conclude his evidence at his own risk and responsibility subject to payment of costs of Rs. 3000/-, out of which Rs. 1000/-shall be paid to respondent/defendant through Demand Draft whereas the remaining Rs. 2000/- shall be deposited with the District Legal Service Authority, Panipat. The payment of costs shall be a condition precedent for grant of aforesaid one effective opportunity.

In view of the above, present revision petition is allowed, impugned order dated 15.4.2014 is set aside and the petitioner/plaintiff is granted one effective opportunity to lead his entire evidence at his own risk and responsibility subject to payment of costs as detailed above.