SURJIT SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) (Oral) Present petition is filed challenging the order dated 18.10.2010 passed by learned Civil Judge (Senior Division), Gurdaspur, whereby adjournment sought by the defendantpetitioner was declined and evidence of the defendant was directed to be closed. Learned counsel for the petitioner states that on the date fixed i.e. 18.10.2010 statement of DW-6 was recorded and cross-examination was closed, however, further time to produce handwriting expert was not granted. He further states that on the date as fixed by this Court or by the learned Trial Court, finger prints and handwriting expert shall be produced before the learned Trial Court for cross-examination and no further adjournment 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 Trial Court, hence, this Court proposes to decide this petition without notice to the respondents. In the peculiar facts and circumstances of the case, 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 Trial Court shall fix any date after 25.11.2010 for the purpose of remaining evidence of the defendant-petitioner and shall also issue direction to the Bank to take photograph of the thumb impression to the defendant-petitioner. On the date so fixed, petitioner-defendant shall produce all the witnesses before the learned Trial Court for examination. If, for any reason, examination is not complete on the date so fixed, then learned Trial Court shall be at liberty to hold day-to-day trial or fix any future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the petitioner-defendant. Petitioner shall pay Rs.5,000/- as costs to the respondents herein before the next date so fixed by the learned Trial Court. Petition shall stand disposed of accordingly.