IN TH v. Dakshin H

Mr. Sandeep Kotla, Advocate for the petitioner. NIDHI GU HI GUPTA J. (Oral) Prayer in the present revision vision petition is for setting aside the impugn mpugned order dated 16.3.2026 (An 6 (Annexure P-5) passed by the learned Ad Additional Civil Judge (Sr. Div r. Divn.), Siwani, whereby the remaining ining evidence of the plaintiff and ff and evidence qua his cross- examinatio ination has been closed by Court orde rt order. On 16.3.2026 the following im ing impugned order was passed by the learn e learned Additional Civil Judge (Sr. D e (Sr. Divn.), Siwani :- “Today the case case came up for evidence of plaintiff as well as paym payment of cost of Rs. 1,000/- to opposite party. Cost Cost not paid. No evidence of plaintiff is present ent despite extended opportunity. Adjournm urnment sought. Heard & VIJAY ASIJA 2026.04.24 18.01 I attest to the accuracy and integrity of this document Civil Revision No.3298 of 2026 (O & O & M) 2 perused the records. P ds. Perusals of case records shows affording of thir thirteen effective opportunity to the plaintiff to concl onclude evidence but despite failed o do so. No reasonable to d cause/reason advanced nced for non presence of evidence as well as fo s for adjournment despite of extended opportunity. Under circumstances, no further adjournment plaintiff's evidence is j is justified. Hence, evidence of the plaintiff is closed osed by Court order. Now the case is adjourned to 13 to 13.04.2026 for evidence of defendants at own re n responsibility as well as making the payment of t of cost by plaintiff. Till then, interim order to continu ntinue.” The brief facts of the case are se are that the petitioner/plaintiff has filed filed a suit for permanent prohibit rohibitory injunction seeking to restrain the ain the defendants/respondents from rom interfering with the peaceful use of an of an electricity connection installe nstalled at his tubewell (Meter Account N unt No. B21KA533660) situated i ated in Village Mohila, Tehsil Siwani, Di ni, District Bhiwani. It is asserted th rted that the petitioner has been regularly p larly paying all electricity dues an ues and is lawfully using the connection ection, with no outstanding liability. bility. The plaintiff also sought protection ction against illegal and forcible d ible disconnection of the said ection. connection Upon notice, the defendan fendants/respondents filed their written stat en statement. Issues were framed by ed by the learned Trial Court on

06.05.2024

5.2024, and the case was fixed for plain or plaintiff’s evidence. The matter thereafter underw nderwent multiple adjournments for recordi ecording of evidence and arguments ments on the interim injunction VIJAY ASIJA 2026.04.24 18.01 I attest to the accuracy and integrity of this document Civil Revision No.3298 of 2026 (O & O & M) 3 application cation. On 05.08.2024, one witness (P ess (PW Ramesh) was examined. The plainti plaintiff himself also appeared as PW as PW1 and was duly examined and cross cross-examined. However, despite se pite several opportunities (some subject to c ct to costs and the last being marked arked as a final opportunity), the remaining ining evidence could not be conclude cluded, leading to the passing of the impugn mpugned order dated 16.03.2026. Although multiple opportun portunities were granted, petitioner c ioner contends that sincere efforts w orts were made to produce the remaining ining witness(es), but the same co me could not be done due to circumstan mstances beyond control. Accordingly, the petitioner ioner seeks indulgence of this Hon’ble Co ’ble Court for setting aside the impugn mpugned order dated 16.03.2026 and grantin granting one effective opportunity to l ity to lead remaining evidence, in the interest nterest of justice. At this stage, learned counsel s unsel submits that the petitioner would suff d suffer irreparable loss if the impugn mpugned order dated 16.3.2026 (Annexure exure P-5) is not set aside. At the ver the very outset, learned counsel submits th its that one effective opportunity unity may be granted to the petitioner h ioner herein to conclude his evidence, dence, as grave injustice will be caused to h ed to him if he is not permitted to do so o do so. After hearing learned counsel ounsel for the petitioner, issuance of notice o otice of motion is dispensed with at ith at this stage, as it will cause further dela er delay in disposal of the case. Accor Accordingly, keeping in view the above facts e facts as canvassed by learned Coun d Counsel for the petitioner, this petition is a on is allowed and impugned order dat er dated 16.3.2026 (Annexure P- VIJAY ASIJA 2026.04.24 18.01 I attest to the accuracy and integrity of this document Civil Revision No.3298 of 2026 (O & O & M) 4 5) is set a set aside. The learned Court below below is directed to grant one effective o tive opportunity to enable the petitio petitioner herein to conclude his evidence, h ence, however subject to payment of ent of Rs.30,000/- as costs to be deposited w sited within one week from today in t ay in the “Poor Patients’ Welfare Fund of t of the Post Graduate Institute of ute of Medical Education and Research arch (PGIMER), Chandigarh”, fail failing which, the revision petition sha shall stand automatically dismissed missed, without further reference to this Cou is Court. Disposed of as above. Pending application(s), if any, if any, stands disposed of. , 2026 April 20, 2 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.24 18.01 I attest to the accuracy and integrity of this document