IN THE HIGH COURT OF PUNJAB AND HARYANA 113 Naresh Kumar Kulbir Singh and another CORAM: Present:- NIDHI GUPTA J. (Oral) order dated Additional Civil Judge (Sr. Divn.), No.335 of 2018 evidence of the petitioner has been closed by Court order. passed by the learned Dadri :- CR-4114-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4114 of 2025 Date of decision : Naresh Kumar Versus Kulbir Singh and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sumit Sangwan, Advocate for the petitioner. NIDHI GUPTA J. (Oral) Prayer in this petition is for setting aside the impugned order dated 17.4.2023 (Annexure P-1 Additional Civil Judge (Sr. Divn.), Charkhi Dadri 335 of 2018, titled as ‘Naresh Kumar vs. Kulbir etc. evidence of the petitioner has been closed by Court order. On 17.4.2023, the following impugned order was passed by the learned Additional Civil Judge (Sr. Divn.), “No evidence of plaintiff is present despite last opportunity. Previous cost of Rs.500/ plaintiff. The plaintiff has already availed effective opportunities but has failed to conclude his entire evidence, thus evidence of the plaintiff is closed by Court order. The matter stands adjourned to 15.05.2023, for evidene of defendant.” 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ivil Revision No.4114 of 2025 (O & M) Date of decision :-11.07.2025 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Sumit Sangwan, Advocate Prayer in this petition is for setting aside the impugned 1) passed by the learned Charkhi Dadri, in Civil Suit Naresh Kumar vs. Kulbir etc.’, vide which evidence of the petitioner has been closed by Court order. ing impugned order was Additional Civil Judge (Sr. Divn.), Charkhi No evidence of plaintiff is present despite last opportunity. Previous cost of Rs.500/- also not paid by plaintiff. The plaintiff has already availed several effective opportunities but has failed to conclude his entire evidence, thus evidence of the plaintiff is closed The matter stands adjourned to 15.05.2023, for VIJAY ASIJA 2025.07.11 18.02 I attest to the accuracy and integrity of this document the petitioner is 95% permanent physically disabled as is evident from the Disability Certificate (Annexure P admitted that the petitioner was granted five opportunities to lead his evidence, however, due to his disablement, his entire evidence. (Annexure P suffer irreparable loss if the impugned order dated (Annexure P submits that one effective petitioner will be caused to him if he is not permitted to that the next date of hearing fixed before the learned trial Court is 14.7.2025 for defendants’ evidence. issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the petitioner, 17.4.2023 directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, however subject to payment of Rs.50,000 hearing fixed before the learned trial Court CR-4114-2025 (O & M) Learned counsel for the petitioner/plaintiff the petitioner is 95% permanent physically disabled as is evident from the Disability Certificate (Annexure P admitted that the petitioner was granted five opportunities to lead his evidence, however, due to his disablement, his entire evidence. Thereafter the impugned order dated (Annexure P-1) has been passed by the learned trial Court. Learned counsel submits that the suffer irreparable loss if the impugned order dated (Annexure P-1) is not set aside. At the very outset, learned counsel submits that one effective opportunity may be granted to the petitioner herein to conclude his entire evidence will be caused to him if he is not permitted to that the next date of hearing fixed before the learned trial Court is 14.7.2025 for defendants’ evidence. After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the itioner, this petition is allowed and impugned order dated 17.4.2023 (Annexure P-1) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, however subject to payment of 50,000/- as costs to the respondents hearing fixed before the learned trial Court 2 petitioner/plaintiff submits that the petitioner is 95% permanent physically disabled as is evident from the Disability Certificate (Annexure P-6). It is candidly admitted that the petitioner was granted five opportunities to lead his evidence, however, due to his disablement, he could not conclude Thereafter the impugned order dated 17.4.2023 ) has been passed by the learned trial Court. Learned counsel submits that the petitioner would suffer irreparable loss if the impugned order dated 17.4.2023 ) is not set aside. At the very outset, learned counsel opportunity may be granted to the his entire evidence, as grave injustice will be caused to him if he is not permitted to do so. It is submitted that the next date of hearing fixed before the learned trial Court is After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the this petition is allowed and impugned order dated ) is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, however subject to payment of therein by the next date of hearing fixed before the learned trial Court, failing which, the present VIJAY ASIJA 2025.07.11 18.02 I attest to the accuracy and integrity of this document petition shal Court. July 11, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CR-4114-2025 (O & M) petition shall stand automatically dismissed without reference to this Disposed of as above. Pending application(s), if any, stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 l stand automatically dismissed without reference to this application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.11 18.02 I attest to the accuracy and integrity of this document