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2025 DAILYLAW 37362 (PNJ)

ABDUL KARIM THROUGH NATURAL GUARDIAN v. DEEN MOHD AND ANOTHER

CR/1808/2025 · 2025-03-25

Vikas Bahl

body2025

Judgment text

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CR-1808-2025 [1] 127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-1808-2025 Date of decision: 25.03.2025 Abdul Karim ...Petitioner Versus Deen Mohd. and another ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Jamshed Ahmed, Advocate for the petitioner. **** VIKAS BAHL, J. (ORAL) 1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 12.03.2025 (Annexure P-5) passed by the Civil Judge (Senior Division), Nuh whereby the evidence of the petitioner/applicant has been closed by order. 2. Learned counsel for the petitioner has submitted that in the present case, the suit against the petitioner was decreed ex parte vide judgment and decree dated 28.02.2022 and the petitioner had filed an application under Order 9 Rule 13 CPC and in the said proceedings, there is no stay order in favour of the present petitioner and it is further submitted that the oral evidence of the petitioner was closed vide order dated 03.03.2025 which the petitioner does not seek to challenge and is challenging the order dated 12.03.2025 vide which the documentary evidence of the petitioner had been closed by order. It is submitted that the petitioner only wishes to produce the disability certificate (Page-59) and the same would be produced by the petitioner on 03.04.2025 and for the inconvenience caused to the respondents, the petitioner is ready to pay reasonable cost. MEHAK HURIA 2025.03.25 17:29 I attest to the accuracy and integrity of this order/judgment CR-1808-2025 [2] 3. Keeping in view the abovesaid facts and circumstances, this Court is of the opinion that one last opportunity can be granted to the petitioner to produce the disability certificate (Page-59) before the Trial Court and accordingly, the order dated 12.03.2025 (Annexure P-5) is set aside with the following directions:- a) The petitioner would deposit an amount of Rs.10,000/- on or before 03.04.2025 before the trial Court. On deposit of the said amount, the same would be released by the trial Court to the plaintiffs/respondents. b) In case of the said deposits having been made, the trial Court would give one effective opportunity to the petitioner to file disability certificate (Page-59), in accordance with law. c) In case the said amount is not deposited or the said disability certificate is not filed on 03.04.2025, then the present revision petition would be deemed to have been dismissed. d) It is further clarified that the petitioner would not be permitted to lead any oral evidence as has been submitted by the counsel before this Court as he is not challenging the order dated 03.03.2025 4. In the present case, no notice is being issued to the respondents as issuance of notice to the respondents would further delay the proceedings and would also entail the expenses for respondents to defend the present revision petition. However, it would be open to respondents to move an application for recalling of the present order in case any of the statement made before this Court is found to be false/incorrect. 25.03.2025 (VIKAS BAHL) Mehak JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No MEHAK HURIA 2025.03.25 17:29 I attest to the accuracy and integrity of this order/judgment