Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 10106 (PNJ)

LAKHWINDER SINGH v. SWARAN SINGH AND ANOTHER

CR/211/2025 · 2025-01-16

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CR-211-202 IN THE HIG 130 Lakhwinder Swaran Sing CORAM: H Present: - NIDHI GUP 227 of Const order dated in Civil Sui Singh’ wher order. submits tha performance petitioner is Court throug Singh. It is 2025 -1- HIGH COURT OF PUNJAB AND HA inder Singh Versus n Singh and another M: HON'BLE MS. JUSTICE NIDH Mr. Amit Dhawan, Advocate fo I GUPTA, J. (ORAL) By way of filing the present re Constitution of India, the defendant/p dated 20.12.2024 (Annexure P-6) pas il Suit No. 301 of 2017 titled as ‘ whereby the evidence of the defend Learned counsel for the def ts that the plaintiff-respondents hav mance of agreement dated 03.02.20 ner is residing abroad and is represe through his Special Power of Attorne . It is also submitted that the said Ba D HARYANA AT CHANDIGARH CR-211-2025 Date of Decision: 16.01.2025 .… Petitioner .... Respondents NIDHI GUPTA cate for the petitioner. sent revision petition under Article /petitioner assails the impugned ) passed by the learned trial Court as ‘Swaran Singh vs. Lakhwinder defendant/petitioner was closed by defendant-petitioner, inter alia, ts have filed a suit for specific .02.2014. It is submitted that the represented before the learned trial ttorney holder, namely, Balwinder Balwinder Singh/Special Power ticle ned ourt nder by ia, cific the trial nder wer RISHU KATARIA 2025.01.17 12:38 I attest to the accuracy and authenticity of this order/judgment. CR-211-202 of Attorney the learned 29.11.2024, petitioner wa 20.12.2024 as imposed u 09.12.2024 ( the petitione prays that th set aside a opportunity reasonable c learned trial opportunities petitioner-de opportunity learned coun the case, bu conscience a P-6) is set opportunity 2025 -2- orney Holder of the defendant-petition arned trial Court on 03 dates i.e. 2024, as he was not feeling well an ner was closed by the learned trial Cou 4 (Annexure P-6). Further, it is sub osed upon the petitioner by the learne 2024 (Annexure P-5, Colly.) was also titioner is not well. Learned counsel that the impugned order dated 20.12. side and the petitioner-defendant tunity to conclude his entire evide able costs. It is further submitted th d trial Court is 20.01.2025. Heard. Perusal of the file reveals that tunities have been granted to Balw defendant to conclude its ev tunity and costs to conclude his eviden Having given thoughtful consid d counsel for the petitioner and withou se, but in view of principles of n ence and fair play; the impugned orde s set aside. The plaintiff-defendant is tunity to conclude his entire eviden etitioner had failed to appear before s i.e. 13.11.2024, 22.11.2024 and and evidence of the defendant- ial Court vide impugned order dated t is submitted that the cost of ₹500/- learned trial Court vide order dated as also not deposited as the SPA of ounsel for the defendant-petitioner .12.2024 (Annexure P-6) may be may be granted only one evidence, subject to payment of itted that the next date before the ls that since 03.09.2024, numerous Balwinder Singh/SPA Holder of its evidence including one last evidence, but he failed to do so. consideration to the submissions of without commenting upon merits of s of natural justice, equity, good d order dated 20.12.2024 (Annexure is hereby granted one effective evidence on 20.01.2025, the date fore and ated ated of oner y be one t of the rous r of last s of ts of ood xure tive date RISHU KATARIA 2025.01.17 12:38 I attest to the accuracy and authenticity of this order/judgment. CR-211-202 already fixe subject to co 16.01.2025 rishu 2025 -3- y fixed before the learned trial Cou t to costs of ₹40,000/- which shall be p The instant revision petition sta 2025 Whether speaking/reasoned Whether Reportable Court, at his own responsibility, all be paid to the opposite side. ion stands disposed of, accordingly. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No ility, RISHU KATARIA 2025.01.17 12:38 I attest to the accuracy and authenticity of this order/judgment.