High CourtsSingle Bench(2011) 03 P&H CK 0764

Dove Promoters Pvt. Ltd. vs Channan Ram and Others

Punjab And Haryana At Chandigarh · Decided on 14 March 2011

HON’BLE JUDGES
A.N. Jindal, J
CASE NUMBER
Civil Revision No. 936 of 2011 (O and M)

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Judgment

8 paragraphs · 202 words

A.N. Jindal, J.

CM No. 6915-CII of 2011

1.

Application is allowed as prayed for, subject to all just exceptions.

Civil Revision No. 936 of 2011

2.

This petition assails the order dated 02.12.2010 (Annexure P-5) passed by the Additional Civil Judge (Senior Division), Mohali, whereby the evidence of the Plaintiff-Petitioner (hereinafter referred to as ''the Petitioner'') was closed by order of the Court.

3.

Having examined the records, the rights of the parties cannot be allowed to remain unestablished for certain unintentional delay in leading evidence which could be compensated with costs.

4.

As such, this petition is accepted, the order dated 02.12.2010 (Annexure P-5) is set aside and the Petitioner is granted one effective opportunity to lead evidence, subject to payment of Rs. 10,000/- as costs. No further opportunity shall be given to the Petitioner in this regard.

5.

This petition is disposed of without issuing notice to the Respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the Respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the Respondents may move to this Court for recalling this order.