Gurlal Singh vs Kulwant Singh and Another

Alok Singh, J.—Present petition is filed challenging the order dated 14.10.2010 passed by Additional Civil Judge (Senior Division),

Ferozepur, thereby denying the adjournment to the Plaintiff and directing the cross-examination on behalf of the Plaintiff nil.

Vide order dated 2.11.2010, this Court directed issuance of notice of motion. However, Respondents could not be served.

Learned Counsel for the Plaintiff/Petitioner states that on the date either fixed by this Court or by the learned Trial Court, all the witnesses shall

be cross-examined and no further adjournment shall be sought.

Learned Single Judge of this Court in the matter of Prem Lata v. Ram Sarup reported in 2005(4) RCR 423 placing reliance on judgment of the

Division Bench of this Court in the matter of Batala Machine Tools Workshop Co-op. v. Presiding Officer, Labour Court, Gurdaspur has held that

matter can be disposed of at the stage of admission without any notice to the opposite party, because if the Respondent is summoned to contest

this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings.

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

further opinion that issuing notice to the Respondents shall cause unnecessary delay in the disposal of the matter pending before the learned Trial

Court, hence, this Court proposes to decide this petition without notice to the Respondents.

Considering all the facts and circumstances of the case and keeping in mind, the golden rule that none should be given walk over and lis between

the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire

evidence and material, this Court direct that learned Trial Court shall fix a date for the purpose of cross-examination of D Ws. On the date so

fixed, DW1 and DW2 shall be produced on the expenses of the Plaintiff/Petitioner and Plaintiff/Petitioner shall cross-examine all the D Ws. If, for

any reason, cross-examination is not complete on the date so fixed, then learned Trial Court shall be at liberty to hold day-to-day trial or fix any

future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the Plaintiff/Petitioner.

Petitioner shall pay Rs. 5,000/-as costs to the Respondents herein before the next date so fixed by the learned Trial Court.

If Respondents feel aggrieved from this order, they shall be at liberty to move this Court for recalling of the order.

Petition shall stand disposed of accordingly.