RAM PIARI Vs. SAT PARKASH ARORA

JUDGEMENT

(1.) MR . Kataria contends that no evidence has been recorded and the learned Magistrate has referred certain documents which were never proved on the file and stated certain facts which are hotly contested. The trial court was not justified in dimissing the petition of the petitioner without giving her an opportunity of hearing to prove her case by leading evidence. Such summary dismissal is not warrannted by law. The case is remanded back to the CJM, Chandigarh for proceeding according to law from the stage where it was at the time when the then CJM dismissed it. The petitioner shall appear in the Court of CJM, Chandigarh on August 19, 1991. The Trial Court shall summon the respondent. Petition allowed.