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128 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2188-2025 Date of Decision: April 07, 2025 Naveen …Pe**oner Versus Rekha and others …Respondents CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Vinay Kumar Begra, Advocate for the peoner. DEEPAK GUPTA
, J.(Oral)
Peoner herein is plainff before learned Addl. Civil Judge (Sr. Divn.), Guhla, in a Civil Suit No.539 of 2020, tled as “Naveen v. Rekha and others”. Issues in that case were se3led on 03.02.2023 and despite availing as many as 11 opportunies, plainff failed to conclude the evidence. Compelled by the circumstances, his evidence was closed by the Court vide impugned order dated 19.02.2025 (Annexure P-2). 2. The aforesaid order has been assailed before this Court by way of present revision peon. 3. The limited prayer by learned counsel for the peoner is to provide only one opportunity to the plainff-peoner to conclude the evidence. It is stated that only two official witnesses were le8 to be examined, who were earlier served, but had not appeared as evident from the order dated 18.12.2024. 4. Heard. 5. Though the two official witnesses summoned by the Court for 18.12.2024, were not present despite their service, but the impugned order dated 19.02.2025 would reveal that both the witnesses were available through video conferencing. Counsel for the plainff had not appeared. The proxy counsel appearing for the main counsel expressed his inability to examine the witnesses through video conferencing and it was in these circumstances that the evidence was closed. 6. It is thus clear that it is the plainff who was at fault in not examining the witnesses despite availability. 7. Be that as it may, the present peon is hereby disposed of by direcng the trial Court concerned to grant only one opportunity to the Sarita Rani 2025.04.08 09:53 I attest to the accuracy of this document/order
CR-2188-2025 - 2 - 2025:PHHC:047526 peoner to conclude his evidence, subject to `25,000/- as cost to be paid to the respondents-defendants by way of a demand dra8. The trial Court shall fix a specific date for recording the evidence of the plainff. It will be the duty of the plainff to serve the concerned witnesses by taking das summons.
Payment of cost shall be the condion precedent for recording the evidence April 07, 2025
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
Sarita Rani 2025.04.08 09:53 I attest to the accuracy of this document/order