AVTAR SINGH Vs. DEV RAJ

JUDGEMENT

(1.) Present petition is filed challenging the order dated 05.06.2010 passed by the Civil Judge (Senior Division), Phillaur, whereby evidence of the plaintiff-petitioner was directed to be closed. Order impugned reveals that on the date fixed i.e. 05.06.2010, witnesses of the plaintiff were not present and adjournment was sought by the plaintiff. Learned Trial Court declined the adjournment and directed to close the evidence of the plaintiff.

(2.) Learned counsel for the plaintiff-petitioner states that on the date either fixed by this Court or by the learned Trial Court, all the witnesses shall be produced before the learned Trial Court for examination and no further adjournment shall be sought.

(3.) Considering all the facts and circumstances of the case and 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 plaintiffs 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 respondent herein before the next date so fixed by the learned Trial Court. Petition shall stand disposed of accordingly.