IN TH 125 M/s Golde Harminde CORAM: Present:- NIDHI GU CM-4524 zimni order and the zim Civil Revis No.1 laying passed by Civil Revision No.1813 of 2026 (O & IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Misc. No.45 Civil Revision N Date of decision Golden Infrastructure Private Limit Versus inder Singh and others AM:- HON'BLE MS. JUSTICE NI Mr. Dheeraj Mahajan, Advoca Mr. Nimish Gautam, Advocate Mr. Jasjit Singh, Advocate for the petitioners. Mr. Anil Kumar Garg, Advoca for respondents No.1 to 3. HI GUPTA J. (Oral) 4524-CII-2026 Prayer in this application is i orders as Annexure P-16. The application is allowed su he zimni orders are taken on record as l Revision No.1813 of 2026 The present revision petition h laying challenge to the order dated 17 ed by the learned Additional Civil O & M) 1 UNJAB AND HARYANA IGARH . No.4524-CII-2026 in/and ion No.1813 of 2026 (O & M) cision :-08.04.2026 Limited and another …..Petitioners …..Respondents E NIDHI GUPTA dvocate with vocate and dvocate ion is for placing on record the ed subject to all just exceptions ord as Annexure P-16. tition has been filed by defendant ated 17.02.2026 (Annexure P-15) Civil Judge (Senior Division), VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Rupnagar, order of the petitioner t order has application already sto yet no coer the presenc the learned dated 06.05 defendant challenge i 19.05.2023 examine de in Civil R before this sequence, i 05.08.2014 agreement injunction. defendant N Civil Revision No.1813 of 2026 (O & agar, whereby the evidence of the def r of the Court and the matter has been f It is inter alia submitted by ioner that the grievance of the petiti r has been passed ignoring materia cation for examination of witnesse dy stood allowed, requisite diet mone o coercive steps were adopted by the l resence of the summoned witnesses. earned trial Court failed to take into c 06.05.2025 (Annexure P-12), whereb dant No.5-Bhupinder Singh was t enge in Civil Revision No.3100 of 202 5.2023 (Annexure P-8), permitting ine defendant No.5 prior to the plaint ivil Revision No.3293 of 2023, whic re this Court. A brief reference to the relev ence, is necessary. The respondents-plaintiffs in 8.2014 seeking possession by way of ement to sell along with conseque ction. Written statements were filed dant No.5 on 12.02.2019 and 07.05.20 O & M) 2 the defendants has been closed by been fixed for final arguments. ted by learned counsel for the petitioner is that the impugned material facts, namely that the itnesses filed by the petitioner t money had been deposited, and y the learned trial Court to secure esses. It is further contended that into consideration that the order whereby the cross-examination of was treated as ‘Nil’, is under of 2025; and that the order dated itting the petitioner to cross- plaintiff, is also under challenge , which is pending adjudication e relevant facts, in chronological iffs instituted a civil suit on ay of specific performance of an nsequential relief of permanent e filed by defendant No.1 and 7.05.2021 respectively. VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document evidence of dated 02.11 No.5 be re The said ap dated 11.11 no objectio 09.05.2023 to 4 be r plaintiffs. 17.05.2023 the said ap directing th No.5, follo by the petit be pending defendant petitioner t dated 17.0 evidence o the ground Civil Revision No.1813 of 2026 (O & Issues in the suit were fra ence of the plaintiffs came to be closed The petitioner/defendant No 02.11.2021 (Annexure P-4) seeking be required to lead his evidence prio said application was allowed by the le 11.11.2021 (Annexure P-5), as defe bjection to the said course. Subsequently, the plaintiffs 5.2023 (Annexure P-6) seeking a dire be required to cross-examine defe tiffs. The petitioner contested the sa 5.2023 (Annexure P-7). However, the said application vide order dated 19 ting that defendants No.1 to 4 shall fir , followed by the plaintiffs. The said e petitioner in Civil Revision No.3293 nding adjudication. It further emerges from the r dant No.5 was closed on 05.08.202 ioner tendered his affidavit in evide 17.02.2026, the learned trial Cou ence of defendants No.1 to 4 and def round that the matter falls within actio O & M) 3 re framed on 18.05.2021. The closed on 08.09.2021. nt No.1 moved an application eeking a direction that defendant ce prior to defendants No.1 to 4. the learned trial Court vide order s defendant No.5 had expressed ntiffs moved an application on a direction that defendants No.1 e defendant No.5 prior to the the same by filing reply dated r, the learned trial Court allowed ted 19.05.2023 (Annexure P-8), hall first cross-examine defendant e said order has been challenged o.3293 of 2023, which is stated to the record that the evidence of 08.2025. On the same date, the evidence. However, vide order l Court proceeded to close the nd defendant No.6, primarily on n action plan cases and is pending VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document since the petitioner h petitioner witnesses, been depo appear to h presence of although th desirable, t the evidenc with the set and cannot Court itsel witnesses depositing the learned the presenc Further, it on the man and 06.05.2 pending rev Civil Revision No.1813 of 2026 (O & the year 2014, and that despite ioner had failed to conclude his eviden At this stage, it is also sig ioner had already moved an applic esses, which stood allowed, and the deposited. Despite the same, no e ar to have been taken by the learned nce of the summoned witnesses. Having considered the matt ugh the suit is of the year 2014 an able, the approach adopted by the lea vidence of the defendants does not a the settled principles of law governing The right of a party to lead e annot be curtailed in a mechanical ma t itself had earlier allowed the appl esses and the party had complied siting diet money. In such circumstan earned trial Court to take appropriate resence of the summoned witnesses be er, it cannot be lost sight of that certa e manner of recording evidence-name 06.05.2025-are subject matter of chal ing revision petitions. The effect of th O & M) 4 spite several opportunities, the evidence. lso significant to note that the application for summoning his d the requisite diet money had no effective or coercive steps learned trial Court to secure the matter, this Court finds that 014 and expeditious disposal is the learned trial Court in closing not appear to be in consonance erning fair trial. lead evidence is a valuable right cal manner, particularly when the e application for summoning of plied with the requirement of mstances, it was incumbent upon opriate coercive steps to procure sses before closing the evidence. at certain orders having a bearing namely orders dated 19.05.2023 f challenge before this Court in t of those proceedings also has a VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document material be complete h that the m indefinitely interest of effective o and conclu no objectio to lead and impugned learned Ad set aside. effective o including p be fixed by This indul conditions: Civil Revision No.1813 of 2026 (O & rial bearing on the rights of the petitio lete his evidence. At the same time, this Court i the matter is quite old and canno finitely. In these circumstances, balanc est of justice, this Court is of the tive opportunity deserves to be grant onclude his entire evidence. Learned counsel appearing for bjection in case only one opportunity ad and conclude his entire evidence. Accordingly, the present revisi d order dated 17.02.2026 (Anne ed Additional Civil Judge (Senior Div It is directed that the petitione tive opportunity to lead and conc ding production and examination of al xed by the learned trial Court. indulgence is, however, granted itions: 1. The petitioner sh all his witnesses without fail. O & M) 5 petitioner to effectively lead and ourt is also conscious of the fact cannot be permitted to linger balancing the equities and in the f the considered view that one granted to the petitioner to lead ing for respondents No.1 to 3 has tunity is granted to the petitioner t revision petition is allowed. The (Annexure P-15) passed by the or Division), Rupnagar, is hereby titioner shall be granted only one conclude his entire evidence, n of all his witnesses, on a date to nted subject to the following ner shall ensure the presence of tnesses on the date so fixed, VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document opportunity proceed fu indulgence matter exp the earliest April 08, 2 Vijay Asija Whether spea Whether Repo Civil Revision No.1813 of 2026 (O & 2. No adjournment petitioner on any g 3. the petitioner Rs.25,000/- to be before the next da trial Court. It is made clear that in cas rtunity so granted, the learned trial C eed further in accordance with law w lgence. The learned trial Court shall t er expeditiously and make an endeavo arliest. Pending applications, if any, al , 2026 r speaking/reasoned Yes / No Reportable Yes / No O & M) 6 nment shall be sought by the n any ground whatsoever. ner shall deposit costs of to be paid to the respondents ext date fixed before the learned in case of failure to avail the trial Court shall be at liberty to law without granting any further shall thereafter proceed with the ndeavour to conclude the trial at any, also stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document