PARNASH KAUR AND ORS Vs. KAMALDEEP SINGH

JUDGEMENT

(1.) Present petition is filed challenging order dated 16.8.2010 passed by Addl. Civil Judge (Sr. Divn.) Faridkot whereby evidence of defendants was closed.

(2.) Learned Counsel appearing for both sides fairly stated that DW-5, DW-6 and DW-7 were examined on 5.3.2010. It is further stated by both the counsel that on the next date of listing i.e. 2.4.2010, rest of the witnesses of defendant were not present, however, on 13.5.2010 learned Civil Judge passed order that he would be on casual leave so case was listed for 31.5.2010. It is further stated that on 31.5.2010, DW-2 and DW-3 were present in the Court, however, were not cross examined because DW-2 was not feeling well. Thereafter, on the next date of listing i.e. 30.7.2010 adjournment was sought and by the impugned order evidence of the defendant was closed.

(3.) The rule of procedure is that none of the party should be given walk over. A lis between the parties should be decided, as far as possible, on merit after giving reasonable opportunities to all the parties to place on record entire evidence.