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High Court of Punjab and Haryana · body

2025 DAILYLAW 92280 (PNJ)

BISHAMBAR DASS v. PURNA BAI AND OTHERS

CR/5569/2025 · 2025-08-20

Virinder Aggarwal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 127 CR-5569-2025 (O&M) Date of Decision:20.08.2025 Bishambar Dass ......Petitioner Versus Purna Bai and others ......Respondents CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Kartar Singh, Advocate for the petitioner. *** VIRINDER AGGARWAL J.(Oral) 1. The present revision petition has been filed under Article 227 of the Constitution of India to assail the impugned order dated 29.07.2025 (Annexure P-4), whereby the evidence of the petitioner-defendant was closed by the learned ACJ (SD)-cum-JMIC, Fatehabad. A perusal of the impugned order shows that the petitioner-defendant had already availed several effective opportunities to lead evidence, including the “last opportunity,” and consequently his evidence was closed. The previous order dated 18.07.2025 clearly records that a last opportunity had been granted to the petitioner-defendant to lead evidence, subject to payment of costs of Rs.300/- to be deposited with the DLSA, Fatehabad. However, on the date when the impugned order was passed, the said costs had also not been deposited. SHWETA 2025.08.21 12:23 I attest to the accuracy and integrity of this document CR-5569-2025 (O&M) -2- 2. The petitioner now seeks indulgence of this Court on the ground that he is an old man surviving with difficulty and was unwell on 29.07.2025, though no proof of illness has been placed on record. 3. Even in spite of default on the part of the petitioner, in the interest of justice, one last effective opportunity is granted to the petitioner- defendant to lead evidence subject to payment of costs of Rs. 10,000/-, out of which Rs. 3,000/- be deposited in DLSA, Fatehabad and the remaining amount be paid to the plaintiff. 4. The impugned order is modified to that effect and the revision petition is allowed. (VIRINDER AGGARWAL) JUDGE 20.08.2025 shweta Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SHWETA 2025.08.21 12:23 I attest to the accuracy and integrity of this document