SUDESH LAL GHAI Vs. KULWINDER KAUR

JUDGEMENT

(1.) (Oral) Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 14.09.2010 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Nawanshahr, whereby evidence of the petitioner ? applicant therein was directed to be closed. Learned counsel for the petitioner vehemently argued that affidavit in examination-in-chief was filed, although cross-examination was deferred on the request of the learned counsel for the respondents-Opposite Parties. He further states on the date fixed either by this Court or by the Court below, witness shall be produced for cross-examination and no further time shall be sought. In the opinion of this Court, present matter can be disposed of at the admission stage without any notice to the respondents. This Court is of the further opinion that issuing notice to the respondents shall cause unnecessary delay in the disposal of the matter pending before the learned MACT, hence, this Court proposes to decide this petition without notice to the respondents. Keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, this Court direct that learned MACT shall fix a date for the cross-examination of the witness of the petitioner ? applicant and on the date so fixed, petitioner shall produce the witness before the learned MACT for cross-examination. It is clarified that no further adjournment shall be granted to the petitioner. Petitioner shall pay Rs.5,000/- as costs to the respondents herein before the next date so fixed by the learned MACT. Petition shall stand disposed of accordingly.