CHARANKAMAL SINGH ALIAS CHATTAR SINGH v. BACHITTAR SINGH AND ORS
CR/4527/2025 · 2025-07-21
Harpreet Kaur Jeewan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80229 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80229 (PNJ) · dailylaw.ai ]
Judgment text
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CR-4527-2025 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 135 CR-4527-2025
Date of decision: 21.07.2025 CHARANKAMAL SINGH ALIAS CHATTAR SINGH ...Petitioner Versus BACHITTAR SINGH AND ORS ...Respondents
CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Anil Mehta, Advocate and Ms. Samridhi Goyal, Advocate for the petitioner. ***** HARPREET KAUR JEEWAN
, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 04.07.2025 (Annexure P-4) passed by the learned Additional Civil Judge (Senior Division), Payal, whereby the right of the petitioner-plaintiff to lead evidence has been closed by order.
2.
Learned counsel for the petitioner submits that his only submission is that the petitioner has a good case on merits as he has filed Civil suit for declaration claiming ownership of the shop in question inherited from his grandfather on the basis of a Will. Whereas the sale deed under challenge has been executed inter se the respondents/defendants. On 04.07.2025, it was observed that the petitioner had availed 20 effective opportunities to lead the POONAM BHATT 2025.07.22 16:14 I attest to the accuracy and authenticity of this
order/judgment
such, the evidence of the petitioner-plaintiff was closed by order by the learned Additional Civil Judge (Senior Division), Payal.
3.
Learned counsel for the petitioner further submits that the petitioner is ready to conclude the evidence, in case one opportunity is granted to him and he is also ready to pay the costs.
4. I have heard the aforesaid submissions and perused the paper-book.
5. In the present case, valuable rights of the parties are involved. The delay on the part of the petitioner can be compensated. It would be in the interest of justice, if the petitioner could be granted one opportunity to lead his evidence.
6. In view of the above circumstances, the present petition is allowed.
7. The impugned order dated 04.07.2025 (Annexure P-4) passed by the learned Additional Civil Judge (Senior Division), Payal is set aside.
8. The petitioner shall be granted an opportunity to lead his evidence subject to payment of Rs.40,000/- costs to respondents. Costs be deposited before the Civil Judge within 15 days, which shall be paid to the respondents upon leading evidence by the petitioner.
9. However, liberty is granted to the respondents to file an application for recalling of this order, if so advised, since the order is being passed in their absence.
(HARPREET KAUR JEEWAN)
JUDGE 21.07.2025 P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM BHATT 2025.07.22 16:14 I attest to the accuracy and authenticity of this
order/judgment