Manjit Singh vs Raminder Singh

Jaswant Singh, J.—Plaintiff/Petitioner is aggrieved against the order dated 16.2.2011(P1) passed by learned Civil Judge (Senior Division) Kapurthala, whereby his evidence was closed by court order.

It is submitted by the learned Counsel for the Petitioner that list of witnesses as well as diet money was tendered. Some of the witnesses were examined and their cross examination was recorded but the same remained incomplete. It is prayed that rules of procedure are meant to further cause of justice and not to frustrate the same. In these circumstances, it is prayed that one last effective opportunity be granted to the Petitioner/Plaintiff to produce his entire evidence.

After hearing the learned Counsel and keeping in view the peculiar facts of the case, in my opinion, it is expedient in the interest of justice if one last effective opportunity is granted to the Plaintiff/Petitioner to produce his entire evidence. This shall, however, be subject to payment of costs.

Accordingly, present revision petition is allowed, impugned order dated 16.2.2011(P1)is set aside and the Petitioner is granted one last effective opportunity to produce his entire evidence on a date to be fixed by the learned trial court. This shall, however, be subject to payment of Rs. 5000/-as costs payable to the Defendant/Respondent by way of demand draft. Petitioner would also be at liberty to take dasti summons to effect the service upon official witnesses.

This order is being passed without issuing notice to the Respondent in order to avoid unnecessary delay and expenditure in engaging a counsel. Furthermore, Respondent is being compensated by way of payment of costs.