Surinder Kaur vs Pakhar Singh and Others

J.V. Gupta, J.—This petition is directed against the order of the trial Court dated 1st June, 1989, whereby defendant''s evidence was closed by Court''s order.

According to the impugned order, the defendants were granted as many as 18 opportunities to produce their evidence. Since they failed to conclude their evidence, the Court had no option than a close their evidence.

Learned counsel for the defendant/petitioner submitted that since there is an inter se dispute between the defendant''s themselves, the petitioner/defendant was given only three or four opportunities to conclude their evidence. In any case, argued learned counsel for the petitioner, since further proceedings were stayed by this Court at the time of motion hearing one opportunity be given to the petitioner to conclude her entire evidence at her own responsibility subject to payment of costs, if any.

After hearing learned counsel for the partiei and going through the interim orders'' reproduced in the grounds of revision, I find that the last opportunity be given to the petitioner to conclude her evidence at her own responsibility subject to payment of Rs.300/- as costs. The petition is disposed of accordingly.

Since proceedings before the trial court were stayed by this Court on July 24, 1989, the parties are directed to appear in the trial court on 3rd October, 1989, on which day the costs would be paid and thereafter the trial Court would fix a date for the evidence of the defendant. In case the cost are not paid on that day, the petition shall stand dismissed.

It is clarified here that the defendant/petitioner would be entitled to only one opportunity at her own responsibility, though dasti summons be given to her, if so desired.