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High Court of Punjab and Haryana · body

2025 DAILYLAW 962 (PNJ)

I v. I

CR/9532/2025 · 2026-02-10

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 134 CR-9532-2025 Date of decision: 10.02.2026 Mandip Kaur Mahal @ Mandip Nagra and another . . . . Petitioners Vs. Sandeep Singh Mahal and another . . . . Respondents **** CORAM: HON9BLE MR JUSTICE DEEPAK GUPTA **** Present: - Ms.Mehak Sharma, Advocate, for the petitioners. **** DEEPAK GUPTA, J. (ORAL) Petitioners herein are defendants No.1 and 2 in Civil suit bearing CIS No.CS-139-2024 titled Sandeep Singh Mahal Vs. Mandip Kaur and others, pending before learned Additional Civil Judge (Sr. Division), Shaheed Bhagat Singh Nagar. They are aggrieved by the order dated 17.11.2025 (Annexure P-10), whereby trial Court has closed their evidence. 2. It is contended by learned counsel that after framing of issues on 24.10.2024, plaintiff closed his evidence. Defendants No.1 & 2 could not produce evidence due to their health condition and that on 17.11.2025, after noticing that three opportunities had already been provided to defendants No.1 & 2, their evidence was closed, as the petitioners- defendants No.1 & 2 could not even pay the costs of 100/-, which was to be deposited with DLSA, SBS Nagar. Learned counsel further submits that the matter was further adjourned for evidence of defendant No.3, who has also not concluded his evidence till date and as of now the case is fixed for 11.02.2026, for evidence of defendant No.3. Learned counsel has prayed to provide two effective opportunities to the petitioners so as to conclude their evidence. Learned counsel undertakes that petitioners will produce evidence at their own responsibility. VIVEK PAHWA 2026.02.10 14:42 I agree to specified portions of this document Chandigarh CR-9532-2025 2026:PHHC:019681  3. Having considered submissions of learned counsel and after going through the paper-book, the impugned order cannot be held to be suffering from any illegality or perversity, but in order to safeguard the interest of the petitioners-defendants No.1 and 2, as their valuable rights are involved, the trial Court is directed to provide two effective opportunities to the petitioners-defendants No.1 and 2 to conclude their evidence, subject to the condition that they shall produce the same at their own responsibility. This order is subject to payment of ¹10,000/- as costs to the respondent No.1-plaintiff by way of demand draft. Payment of the aforesaid cost shall be a condition precedent for fixing a date by the trial Court for providing opportunities to the petitioners-defendants No.1 & 2 for their evidence, as per the aforesaid order. 4. As the order is being passed without issuing any notice to the respondents, to avoid unnecessary delay, the respondents will be at liberty to approach this court, if they feel aggrieved by this order. The petition is disposed of in the above terms. (DEEPAK GUPTA) 10.02.2026 JUDGE  Whether Speaking/reasoned Yes Whether reportable No VIVEK PAHWA 2026.02.10 14:42 I agree to specified portions of this document Chandigarh