PARKASH Vs. ATTAR SINGH

JUDGEMENT

(1.) Present petition is filed challenging the order dated 30.08.2010 passed by learned Additional Civil Judge (Senior Division), Nawanshahr, thereby closing the evidence of the defendant.

(2.) Learned Counsel for the petitioner - defendant states that on 30th August, 2010, one DW was cross-examined and adjournment was sought to produce other DWs, which was declined by the Court below and evidence of the defendant was directed to be closed. Learned Counsel for the petitioner - defendant further states that defendant shall produce all the evidence on the date as fixed by this Court.

(3.) 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 on merit after giving reasonable opportunities to both the parties to place entire evidence/material before the Court, in the peculiar facts and circumstances of the case, I direct that Trial Court shall fix any date for the purpose of production of entire evidence by the defendant - petitioner. On the date so fixed, defendant -petitioner shall produce entire evidence before the learned Trial Court. If for any reason, examination of all the witnesses is not concluded, then Court shall be at liberty to hold day-today trial or fix any future date, which is convenient to the Court.