IN TH v. Harminde

tition has been filed by defendant No.1 laying laying challenge to the order dated 17 ated 17.02.2026 (Annexure P-15) passed by ed by the learned Additional Civil Civil Judge (Senior Division), VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Civil Revision No.1813 of 2026 (O & O & M) 2 Rupnagar, agar, whereby the evidence of the def the defendants has been closed by order of the r of the Court and the matter has been f been fixed for final arguments. It is inter alia submitted by ted by learned counsel for the petitioner t ioner that the grievance of the petiti petitioner is that the impugned order has r has been passed ignoring materia material facts, namely that the application cation for examination of witnesse itnesses filed by the petitioner already sto dy stood allowed, requisite diet mone t money had been deposited, and yet no coer o coercive steps were adopted by the l y the learned trial Court to secure the presenc resence of the summoned witnesses. esses. It is further contended that the learned earned trial Court failed to take into c into consideration that the order dated 06.05

06.05.2025 (Annexure P-12), whereb whereby the cross-examination of defendant dant No.5-Bhupinder Singh was t was treated as ‘Nil’, is under challenge i enge in Civil Revision No.3100 of 202 of 2025; and that the order dated

19.05.2023

5.2023 (Annexure P-8), permitting itting the petitioner to cross- examine de ine defendant No.5 prior to the plaint plaintiff, is also under challenge in Civil R ivil Revision No.3293 of 2023, whic , which is pending adjudication before this re this Court. A brief reference to the relev e relevant facts, in chronological sequence, i ence, is necessary. The respondents-plaintiffs in iffs instituted a civil suit on

05.08.2014

8.2014 seeking possession by way of ay of specific performance of an agreement ement to sell along with conseque nsequential relief of permanent injunction. ction. Written statements were filed e filed by defendant No.1 and defendant N dant No.5 on 12.02.2019 and 07.05.20

7.05.2021 respectively. VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Civil Revision No.1813 of 2026 (O & O & M) 3 Issues in the suit were fra re framed on 18.05.2021. The evidence of ence of the plaintiffs came to be closed closed on 08.09.2021. The petitioner/defendant No nt No.1 moved an application dated 02.11

02.11.2021 (Annexure P-4) seeking eeking a direction that defendant No.5 be re be required to lead his evidence prio ce prior to defendants No.1 to 4. The said ap said application was allowed by the le the learned trial Court vide order dated 11.11

11.11.2021 (Annexure P-5), as defe s defendant No.5 had expressed no objectio bjection to the said course. Subsequently, the plaintiffs ntiffs moved an application on

09.05.2023

5.2023 (Annexure P-6) seeking a dire a direction that defendants No.1 to 4 be r be required to cross-examine defe e defendant No.5 prior to the plaintiffs. tiffs. The petitioner contested the sa the same by filing reply dated

17.05.2023

5.2023 (Annexure P-7). However, the r, the learned trial Court allowed the said ap said application vide order dated 19 ted 19.05.2023 (Annexure P-8), directing th ting that defendants No.1 to 4 shall fir hall first cross-examine defendant No.5, follo , followed by the plaintiffs. The said e said order has been challenged by the petit e petitioner in Civil Revision No.3293 o.3293 of 2023, which is stated to be pending nding adjudication. It further emerges from the r the record that the evidence of defendant dant No.5 was closed on 05.08.202

08.2025. On the same date, the petitioner t ioner tendered his affidavit in evide evidence. However, vide order dated 17.0

17.02.2026, the learned trial Cou l Court proceeded to close the evidence o ence of defendants No.1 to 4 and def nd defendant No.6, primarily on the ground round that the matter falls within actio n action plan cases and is pending VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Civil Revision No.1813 of 2026 (O & O & M) 4 since the the year 2014, and that despite spite several opportunities, the petitioner h ioner had failed to conclude his eviden evidence. At this stage, it is also sig lso significant to note that the petitioner ioner had already moved an applic application for summoning his witnesses, esses, which stood allowed, and the d the requisite diet money had been depo deposited. Despite the same, no e no effective or coercive steps appear to h ar to have been taken by the learned learned trial Court to secure the presence of nce of the summoned witnesses. Having considered the matt matter, this Court finds that although th ugh the suit is of the year 2014 an 014 and expeditious disposal is desirable, t able, the approach adopted by the lea the learned trial Court in closing the evidenc vidence of the defendants does not a not appear to be in consonance with the set the settled principles of law governing erning fair trial. The right of a party to lead e lead evidence is a valuable right and cannot annot be curtailed in a mechanical ma cal manner, particularly when the Court itsel t itself had earlier allowed the appl e application for summoning of witnesses esses and the party had complied plied with the requirement of depositing siting diet money. In such circumstan mstances, it was incumbent upon the learned earned trial Court to take appropriate opriate coercive steps to procure the presenc resence of the summoned witnesses be sses before closing the evidence. Further, it er, it cannot be lost sight of that certa at certain orders having a bearing on the man e manner of recording evidence-name namely orders dated 19.05.2023 and 06.05.2

06.05.2025-are subject matter of chal f challenge before this Court in pending rev ing revision petitions. The effect of th t of those proceedings also has a VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Civil Revision No.1813 of 2026 (O & O & M) 5 material be rial bearing on the rights of the petitio petitioner to effectively lead and complete h lete his evidence. At the same time, this Court i ourt is also conscious of the fact that the m the matter is quite old and canno cannot be permitted to linger finitely. indefinitely In these circumstances, balanc balancing the equities and in the interest of est of justice, this Court is of the f the considered view that one effective o tive opportunity deserves to be grant granted to the petitioner to lead and conclu onclude his entire evidence. Learned counsel appearing for ing for respondents No.1 to 3 has no objectio bjection in case only one opportunity tunity is granted to the petitioner to lead and ad and conclude his entire evidence. Accordingly, the present revisi t revision petition is allowed. The impugned d order dated 17.02.2026 (Anne (Annexure P-15) passed by the learned Ad ed Additional Civil Judge (Senior Div or Division), Rupnagar, is hereby set aside. It is directed that the petitione titioner shall be granted only one effective o tive opportunity to lead and conc conclude his entire evidence, including p ding production and examination of al n of all his witnesses, on a date to be fixed by xed by the learned trial Court. This indul indulgence is, however, granted nted subject to the following itions: conditions:

1. The petitioner sh ner shall ensure the presence of all his witnesses tnesses on the date so fixed, without fail. VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document Civil Revision No.1813 of 2026 (O & O & M) 6

2. No adjournment nment shall be sought by the petitioner on any g n any ground whatsoever.

3. the petitioner shall deposit costs of Rs.25,000/- to be to be paid to the respondents before the next da ext date fixed before the learned trial Court. It is made clear that in cas in case of failure to avail the opportunity rtunity so granted, the learned trial C trial Court shall be at liberty to proceed fu eed further in accordance with law w law without granting any further lgence. indulgence The learned trial Court shall t shall thereafter proceed with the matter exp er expeditiously and make an endeavo ndeavour to conclude the trial at arliest. the earliest Pending applications, if any, al any, also stand disposed of. , 2026 April 08, 2 Vijay Asija ( NIDHI GUPTA ) JUDGE r speaking/reasoned Yes / No Whether spea Whether Repo Reportable Yes / No VIJAY ASIJA 2026.04.10 14.13 I attest to the accuracy and integrity of this document