HARBANS SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) (Oral) Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 04.09.2010 passed by learned Civil Judge (Junior Division), whereby evidence of the plaintiff - petitioner was directed to be closed. Learned counsel for the petitioner states that on the date as fixed by this Court or by the learned Trial Court, entire evidence shall be produced before the learned Trial Court 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 a date for the purpose of plaintiff?s evidence. On the date so fixed, plaintiff-petitioner 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 dayto- 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 plaintiff-petitioner. 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.