Neelam Behal v. Naresh Kumar Chopra & Anr.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Gurcharan Dass, Advocate for the petitioner. Mr. Harvinder Singh, Advocate for the respondents. AJAY KUMAR MITTAL, J. In this revision petition filed under Article 227 of the Constitution of India, challenge is to the order dated 15.12.2008 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Ludhiana, whereby the evidence of the petitioner has been closed by the order of the Court. Counsel for the petitioner submitted that in the interest of justice, one opportunity may be granted to the petitioner to lead her entire evidence and the respondents can be compensated by way of costs. He further submits that the petitioner will conclude her entire evidence at her own risk and responsibility on the date to be fixed by the trial court. After hearing learned counsel for the partes and in the facts and circumstances of the present case, this Court is satisfied that in the C.R. No. 2049 of 2009 -2- interest of justice the petitioner deserves to be granted one opportunity to conclude her entire evidence. Accordingly, the revision petition is disposed of with a direction that the petitioner shall be granted one opportunity to lead her entire evidence on the date to be fixed by the trial court at her own risk and responsibility and subject to payment of Rs.3,000/- to the respondents as costs. It is, however, made clear that in case the petitioner fails to conclude her entire evidence on the date to be fixed by the trial court or to pay the costs, as stipulated above, this revision petition shall be deemed to have been dismissed. August 26, 2009 (AJAY KUMAR MITTAL) JUDGE