04.02.2025 Pardeep K eep Kumar Mehta … v. Kamlesh C lesh Chander Mahajan and another other
Case Details
CR-5616-2024 1 IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 208 Civil Revision N Date of decision ion No.5616 of 2024 cision :-04.02.2025 Pardeep K eep Kumar Mehta …..Petitioner Versus Kamlesh C lesh Chander Mahajan and another other …..Respondents CORAM: AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:- None for the petitioner.
Legal Reasoning
Mr. Sumit Sinha, Advocate fo ate for the respondents. NIDHI GU HI GUPTA J. (Oral) Prayer in this petition is for se s for setting aside the impugned order date r dated 07.8.2024 (Annexure P-2 2) passed by the learned Additional tional Civil Judge (Sr. Divn.), Hoshiar oshiarpur, in Civil Suit No.638 of 2016, ti , titled as ‘Kamlesh Chander Mah r Mahajan vs. Pardeep Kumar Mehta etc. tc.’, vide which evidence of the p f the petitioner has been closed by court or urt order. On 07.8.2024 the following im ing impugned order was passed by the learn e learned Additional Civil Judge (Sr. D e (Sr. Divn.), Hoshiarpur :- “In the last court proc proceedings, It has been duly recorded that the defendan ndant has been persistently insisting examination of witn witness Vijay Bagga in his testimony. It had already c y come on record that the defendant had been unable to le to disclose the relevancy or otherwise of examination thi this witness in the present case. He was given an opp opportunity to disclose the VIJAY ASIJA 2025.02.10 15.50 I attest to the accuracy and integrity of this document CR-5616-2024 2 relevancy of examining thi this witness, however his counsel has apprised that h at his party states that he cannot disclose the relevancy ancy to the court. There is no provision in the court wher wherein such request of the defendant could be entertain rtained and furthermore, the averment of the defendant th nt that he wants to keep the evidence of this witness con confidential is without any basis. The defendant or his his counsel have remained failed to disclose the relevan levancy of the witness to be recorded before this court. urt. Certain documents have been tendered by the def defendant on the record. Furthermore, an application w ion was filed by the defendant which is there on the record cord that since he had filed revision petition before the the Hon'ble High Court for challenging the order and tha d that a long date be given to engage the counsel therein. H n. However, perusal of the file reveals that there is no orde order passed by the Hon'ble High court staying the procee roceedings of the instant case at hand. Mere submission o on of the defendant that he intends to pursue with his revi revision and wants to engage the counsel, is no ground to to grant adjournment in the present case. Perusal of the f the file reveals that numerous opportunities had already ady been granted to the defendant to lead his evidence ence, however he has failed to hus, conclude the same. Thus, the contention of the defendant to seek adjournm urnment to pursue with his revision petition is far-fetche etched. Thus, in light of the facts and circumstances of th of the present case, I do not deem it appropriate to adjou djourn the case for defendant evidence again and in light ight of the fact that he had already availed numerous opp opportunities to conclude his evidence, Accordingly, his evi s evidence is closed by order. Now case is adjourned to to 30.08.2024 for rebuttal evidence if any or for argumen uments.” VIJAY ASIJA 2025.02.10 15.50 I attest to the accuracy and integrity of this document CR-5616-2024 3 It is submitted in the petitioin etitioin that the witness namely Vijay Kum Kumar Bagga, Clerk/Ahlmad is a ver is a very important witness, who was summ summoned by the Court many time y times. Ultimately, the said witness app ess appeared in the Court on 08.8.202 .8.2023 at around 3:00 O’clock but the lear he learned Court refused to record his rd his statement. Thereafter the matter was er was adjourned time and again for r n for recording the statement of the said wi aid witness but he had failed to appe appear. Thereafter vide order dated 30.7 30.7.2024 learned Court observed erved that the respondent has objected to cted to examine the said witness and ss and that the petitioner was unable to d le to disclose the relevancy of the sai the said witness and because of the said re aid reason the evidence of the petiti petitioner was closed and the impugned o gned order dated 07.8.2024 (Annexur nexure P-2) has been passed by the learned earned trial Court. It is also pleaded that the t the petitioner would suffer irreparable arable loss if the impugned order dat er dated 07.8.2024 (Annexure P-2) is not is not set aside. At this stage, Mr. Sumit Sin it Sinha, Advocate has put in appearance arance and filed Power of Attorney rney on behalf of respondents. He submits ubmits that he has no objection in ca in case the present petition is allowed. Accordingly, keeping in v in view the above facts as canvassed assed in the petition, and the ‘No ‘No Objection’ of the learned counsel for sel for the respondents in case the pres he present petition is allowed, the impugned gned order dated 07.8.2024 (Annex Annexure P-2) is set aside. The learned Co ed Court below is directed to grant o rant one effective opportunity to enable the p le the petitioner herein to conclude his de his evidence. VIJAY ASIJA 2025.02.10 15.50 I attest to the accuracy and integrity of this document CR-5616-2024 4
Decision
Disposed of as above. Pending application(s), if any, if any, stands disposed of. uary 04, 2025 February 0 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.10 15.50 I attest to the accuracy and integrity of this document