Rajnees Singh vs Master Jorawar Singh and Others

Vinod K. Sharma, J.—The petitioner has invoked the supervisory jurisdiction of this Court to challenge the order dated 28.5.2010, passed by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter for short referred to as ''the Tribunal''), vide which the evidence of the petitioner has been ordered to be closed by order.

The impugned order reads as under:

No RW is present. Adjournment requested. File perused. From perusal of file it transpires that in the present case issues were framed as far back as on 07.11.2008 and evidence of claimant was closed on 06.10.2009 but till date respondents failed to conclude their evidence. No plausible reasons have been explained. Therefore, evidence of respondents No. 1 & 2 is closed by Court order as Ld. Counsel for respondent No. 3 submits that she only want to tender Insurance Policy in this case. Now, the case is adjourned to 28.07.2010 for evidence of respondent No. 3.

The learned Counsel for the petitioner does not challenge the order on merit, and prays that in the interest of justice the petitioner may be granted one last opportunity to conclude his entire evidence, at his own risk and responsibility, on the date to be fixed by the learned Tribunal.

In view of the stand taken by the learned Counsel for the petitioner, and without going into the merits of the case, this Court feels, that interest of justice would be served, if the petitioner is granted one last opportunity to conclude his entire evidence, at his own risk and responsibility, on the date to be fixed by the learned Tribunal. Ordered accordingly.

However, this shall be subject to payment of Rs. 5,000/-(Rupees five thousand only) as costs.

Revision disposed off.