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CR-6787-2026(O&M)
137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6787-2026(O&M) Date of decision : 10.09.2026 Satwinder Kaur ...Petitioner Versus Baldev Singh and others ...Respondents
CORAM:HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. Umesh Aggarwal, Advocate for the petitioner. ***** DEEPINDER SINGH NALWA, J. (Oral)
1. The present revision petition has been filed by the petitioner/defendant No.1 for setting aside the order dated 11.08.2026 (Annexure P-6) passed by the Trial Court in Civil Suit No.169 of 2021, whereby the evidence of the petitioner/defendant No.1 has been closed by order of the Court.
2. A perusal of the facts of the case would show that the respondent No.1/plaintiff had filed a suit for recovery of an amount of Rs.20,55,000/-. In the said suit, the petitioner/defendant No.1 filed an application for summoning of witnesses and also deposited the requisite diet money. It transpires that the said application was allowed by the Trial Court on 09.06.2026. Thereafter, the case came up for
consideration before the Trial Court on 11.08.2026, on which date the evidence of the defendants was closed by order of the Court. A perusal of the order dated 11.08.2026 (Annexure P-6) would show that several opportunities had already been granted to the defendants to conclude -1- DIWAKER GULATI 2026.09.11 09:46 I attest to the accuracy and integrity of this document
CR-6787-2026(O&M)
their evidence, however, the same could not be concluded. As a consequence of this, the evidence of the defendants was closed by order of the Trial Court. Aggrieved against the order dated 11.08.2026 (Annexure P-6), the petitioner/defendant No.1 has filed the present revision petition.
3.
Learned counsel appearing on behalf of the petitioner/defendant No.1 submits that once the petitioner had invoked the assistance of the Court for summoning the witnesses and had also deposited the requisite diet money, it was incumbent upon the Court to take effective steps for issuance of summons and securing the presence of the summoned witnesses for their examination.
4. I have heard learned counsel appearing on behalf of the petitioner/defendant No.1 and perused the paper-book with his able assistance.
5. It is not in dispute that the application filed by the petitioner/defendant No.1 for summoning the witnesses was allowed by the Trial Court and the requisite diet money had also been deposited by him.
6. Taking into consideration the abovesaid fact and particularly the fact that the petitioner had already taken steps for summoning the witnesses by depositing the requisite diet money, the present revision petition is allowed. The impugned order dated 11.08.2026 (Annexure P-6) is set aside. -2- DIWAKER GULATI 2026.09.11 09:46 I attest to the accuracy and integrity of this document
CR-6787-2026(O&M)
7. The Trial Court is directed to take effective steps to procure the attendance of the witnesses sought to be examined on behalf of the petitioner/defendant, for whom diet money has already been deposited. The Court shall grant short and time-bound adjournments, keeping in view that the matter pertains to the year 2021, and shall ensure that the Trial Court proceeds with due expedition.
8. It is clarified that the Trial Court is not powerless in securing the attendance of witnesses. In the event of non-compliance or default, the Trial Court shall be at liberty to invoke coercive processes available under the Code of Civil Procedure to ensure the presence of such witnesses and the completion of defendants evidence in accordance with law.
9. Pending application(s), if any, shall also stand(s) disposed of. 10.09.2026 (DEEPINDER SINGH NALWA) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No -3- DIWAKER GULATI 2026.09.11 09:46 I attest to the accuracy and integrity of this document