Extracted from the PDF above. The PDF is authoritative.
CR-4874-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 123 CR-4874-2025 Date of decision: 29.07.2025 HARI NARAYAN JINDAL ..Petitioner Versus MOHAN LAL AND OTHERS ..Respondents
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Sanjiv Kumar Yadav, Advocate for the petitioner.
SUDEEPTI SHARMA
, J. (Oral)
1. Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 24.01.2025 passed by the Ld. Civil Judge (Senior Division), Panchkula, whereby the evidence of the petitioner was closed by Court order and order dated 21.07.2025 passed by Ld. Civil Judge (Senior Division), Panchkula, vide which the application filed by the petitioner for recalling the order dated 24.01.2025 was dismissed.
2.
Learned counsel for the petitioner contends that on 24.01.2025, he examined one witness namely Mohinder Pal but witness namely Som Nath, who was present in Court, could not be examined since the Court time was over. He has placed on record the application for depositing the diet money and summoning of remaining witnesses namely Som Nath and Raj Kumar.
3. He further contends that he was granted just six opportunities to lead evidence and it has wrongly been mentioned in the order that plaintiff (petitioner herein) had availed nine effective opportunities.
MOHD AYUB 2025.07.29 15:57 I attest to the accuracy and authenticity of this order/judgment.
CR-4874-2025 -2-
4. He prayed that one last opportunity be granted to the petitioner to examine remaining two witnesses i.e. Som Nath and Raj Kumar.
5. I have heard learned counsel for the petitioner and perused the whole file of the case.
6. A perusal of the file shows that there was no intentional lapse on the part of the petitioner to examine the witnesses. Though the petitioner was granted effective opportunities to lead evidence from the year 2022 till 2025, whereas justice demands that one opportunity is required to be granted to the petitioner to examine the remaining two witnesses.
7. In view of the above, revision petition is allowed and orders dated 24.01.2025 and 21.07.2025 passed by the Ld. Civil Judge (Senior Division), Panchkula, are set aside. The next date before the Ld. Civil Judge (Senior Division), Panchkula is stated to be 30.07.2025, therefore learned Civil Judge (Senior Division), Panchkula is directed to grant one last effective opportunity to the petitioner to examine his remaining two witnesses namely Som Nath and Raj Kumar, subject to payment of Rs.5,000/- as costs to be deposited by the petitioner with the District Legal Services Authority, concerned. July 29th, 2025
(SUDEEPTI SHARMA) Ayub
JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.07.29 15:57 I attest to the accuracy and authenticity of this order/judgment.