KARNAIL SINGH Vs. GURDEV SINGH BALWANT SINGH

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 11.10.1999. Vide this order the learned trial Court ordered the evidence of the defendants to be closed because they had failed to produce evidence despite grant of last opportunity.

(2.) IT is contended by the learned counsel for the petitioners that the learned counsel appearing for the defendants in the suit was negligent and despite the fact that defendants were present in Court they were not examined. This fact was disputed by learned counsel for the respondent. Be that as it may, the order closing the evidence of a party is an order of serious consequences as the party is ousted from leading its evidence in Court. It is a known fact that there are certain witnesses which have to be produced through the process of the Court. The summoning party may not be able to exercise control over the said witnesses. There appears to be negligence on the part of the defendants but certainly it is not of such nature that it should result in debarring the defendants to lead evidence in Court. The order closing the evidence should give some reasons as it adversely affects the interests of the party in the suit. Further, the Court should normally pass the order of lesser gravity before passing the order of the present kind. At this stage, it may be appropriate to refer to a judgment of this Court in the case of Joginder Singh v. Smt. Manjit Kaur, 2000(2) RCR(Civil) 382 (P&H) : C.R. No. 5885, decided on 14.1.1999, where the Court held as under :

(3.) THE petition is, thus, allowed subject to payment of Rs. 2,500/- as costs, costs being conditional. Petition allowed.