Punjab State Power Corporation Limited Vs. Punjab State Power Corporation Limited - Court Judgment

SooperKanoon Citationsooperkanoon.com/1091683
CourtPunjab and Haryana High Court
Decided OnOct-03-2013
AppellantPunjab State Power Corporation Limited
RespondentPunjab State Power Corporation Limited
Excerpt:
c.r.no.5666 of 2013 (o&m) 1 in the high court of punjab and haryana at chandigarh. sr.no.102 case no.: c.r.no.5666 of 2013 (o&m) date of decision : oct. 03, 2013 punjab state power corporation limited and others ...petitioners versus kewal singh ...respondent coram : hon'ble mr.justice l.n.mittal * * * present : mr.b.s. taunque, advocate for the petitioners.* * * l.n.mittal, j. (oral) : c.m.no.20052-cii of 2013 : application is allowed and annexures p-5 to p-9 are taken on record, subject to all just exceptions. main case : defendants have filed this revision petition under article 227 of the constitution of india impugning order dated 23.08.2013 (annexure p-1).passed by the trial court, thereby closing evidence of the defendants monika 2013.10.03 16:13 i attest to the accuracy and integrity of this document high court chandigarh c.r.no.5666 of 2013 (o&m) 2 by court order and seeking another opportunity for their evidence. i have heard counsel for the petitioners and perused the case file. counsel for the petitioners submitted that only five opportunities in all were granted to the defendants for their evidence by the trial court, vide zimni orders annexures p-5 to p-9, and therefore, one more opportunity may be granted to them for their evidence. it was pointed out that one witness of the defendants came present on 27.07.2013 and was examined-in-chief, but his cross-examination was deferred on the request of counsel for the respondent-plaintiff. i have carefully considered the matter. keeping in view all the circumstances of the case, including the number of opportunities granted to the defendants for their evidence in the trial court, i am of the considered view that ends of justice would be met if another opportunity is granted to the defendants for their evidence at own responsibility, on payment of costs. i intend to dispose of the instant revision petition without issuing notice to respondent-plaintiff so as to avoid further delay in disposal of the suit and also to save the respondent of the financial burden he may have to bear in engaging counsel for the revision petition, if notice of the same is issued to him. monika 2013.10.03 16:13 i attest to the accuracy and integrity of this document high court chandigarh c.r.no.5666 of 2013 (o&m) 3 accordingly, the instant revision petition is allowed. trial court is directed to grant only one more opportunity to the defendants for their evidence at own responsibility, subject to payment of rs.5,000/- as costs precedent.c.m. no.19120-cii of 2013 for interim stay is disposed of as infructuous. oct. 03, 2013 ( l.n.mittal ) monika judge monika 2013.10.03 16:13 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

C.R.No.5666 of 2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr.No.102 Case No.: C.R.No.5666 of 2013 (O&M) Date of Decision : Oct.

03, 2013 Punjab State Power Corporation Limited and others ...Petitioners versus Kewal Singh ...Respondent CORAM : HON'BLE Mr.JUSTICE L.N.MITTAL * * * Present : Mr.B.S.

Taunque, Advocate for the petitioneRs.* * * L.N.MITTAL, J.

(Oral) : C.M.No.20052-CII of 2013 : Application is allowed and Annexures P-5 to P-9 are taken on record, subject to all just exceptions.

Main Case : Defendants have filed this revision petition under Article 227 of the Constitution of India impugning order dated 23.08.2013 (Annexure P-1).passed by the trial court, thereby closing evidence of the defendants Monika 2013.10.03 16:13 I attest to the accuracy and integrity of this document High Court Chandigarh C.R.No.5666 of 2013 (O&M) 2 by court order and seeking another opportunity for their evidence.

I have heard counsel for the petitioners and perused the case file.

Counsel for the petitioners submitted that only five opportunities in all were granted to the defendants for their evidence by the trial court, vide zimni orders Annexures P-5 to P-9, and therefore, one more opportunity may be granted to them for their evidence.

It was pointed out that one witness of the defendants came present on 27.07.2013 and was examined-in-chief, but his cross-examination was deferred on the request of counsel for the respondent-plaintiff.

I have carefully considered the matter.

Keeping in view all the circumstances of the case, including the number of opportunities granted to the defendants for their evidence in the trial court, I am of the considered view that ends of justice would be met if another opportunity is granted to the defendants for their evidence at own responsibility, on payment of costs.

I intend to dispose of the instant revision petition without issuing notice to respondent-plaintiff so as to avoid further delay in disposal of the suit and also to save the respondent of the financial burden he may have to bear in engaging counsel for the revision petition, if notice of the same is issued to him.

Monika 2013.10.03 16:13 I attest to the accuracy and integrity of this document High Court Chandigarh C.R.No.5666 of 2013 (O&M) 3 Accordingly, the instant revision petition is allowed.

Trial court is directed to grant only one more opportunity to the defendants for their evidence at own responsibility, subject to payment of Rs.5,000/- as costs precedent.C.M.

No.19120-CII of 2013 for interim stay is disposed of as infructuous.

Oct.

03, 2013 ( L.N.MITTAL ) monika JUDGE Monika 2013.10.03 16:13 I attest to the accuracy and integrity of this document High Court Chandigarh