Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2481 of 2014 Date of Decision:4.4.2014 Smt.Deepti Gupta @ Megha Gupta Petitioner Versus State Bank of India and others Respondents CORAM: Hon'ble Mr.Justice Rajiv Narain Raina Present: Mr.Johan Kumar, Advocate for the petitioner ...1.
To be referred to the Reporters or not?.
2.
Whether the judgment should be reported in the Digest?.
RAJIV NARAIN RAINA, J.
(ORAL) When the plaintiff's evidence was in progress, two clerks, one from the Office of the State Bank of India, Neelam Chowk, N.H.5, NIT, Faridabad and the other from the Office of the Postmaster General, Haryana, Mall Road, Ambala Cantt.
with the service/pension record were summoned by the learned trial court to stand witnesses for the plaintiff.
However, the petitioner could not deposit the Process Fee and the Diet Money in time.
The petitioner filed an application for summoning the aforesaid witnesses which was dismissed by the learned trial court by order dated 11.3.2014 only on account of the fact that Process Fee and Diet Money was not deposited on the date when the issues were framed.
The learned trial court could easily have enlarged the time and called upon the petitioner to comply with the procedure within time specified.
Grant of time and enlargement of it are matters within the discretion of the learned trial court to be exercised judiciously and procedure should not be used as an instrument to defeat justice.
The impugned order passed by the learned trial court refusing to extend time and dismissing the application without sufficient reason cannot Khan Md.Firoz be sustained.
2014.04.04 14:26 I attest to the accuracy and integrity of this document punjab and haryana high court chandigarh CR No.2481 of 2014 :2: Consequently, this petition is allowed and the order dated 11.3.2014 passed by the Civil Judge (Jr.Division).Faridabad is set aside.
The witnesses be now summoned afresh and their testimonies be recorded.
Copy of this order be given dasti.
(RAJIV NARAIN RAINA) JUDGE0404.2014 MFK Khan Md.Firoz 2014.04.04 14:26 I attest to the accuracy and integrity of this document punjab and haryana high court chandigarh