Ramesh Sharma vs Birender Singh

Alok Singh, J.—Present petition is filed challenging the order dated 16.08.2010 passed by learned Civil Judge (Senior Division), Rohtak, whereby evidence of the Plaintiff-Petitioner was directed to be closed.

Order impugned dated 16.08.2010 reveals that on the date fixed, PW Ramesh Sharma was present and other witnesses were not present. Ramesh Sharma was not cross-examined and for his cross-examination, next date was fixed and evidence of the Plaintiff was directed to be closed on the ground that other witnesses of the Plaintiff are not present.

Learned Counsel for the Plaintiff - Petitioner, states that on the date as fixed by this Court or by the learned Trial Court, entire remaining evidence shall be produced before the learned Trial Court and no adjournment shall be sought.

In the peculiar facts and circumstances of the case, 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 on merit after giving sufficient opportunities to both the parties to place on record entire evidence and material, I direct that learned Trial Court shall fix any date for the purpose of Plaintiff''s evidence and on the date so fixed by the learned Trial Court, Petitioner shall produce all the witnesses before the Court. If, for any reason, 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. Plaintiff - Petitioner shall pay Rs. 5000/- as costs to the Defendant-Respondent.

Petition shall stand disposed of accordingly.