SAKINDER KAUR Vs. BAHADUR SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for quashing of impugned orders dated 21.11.2016 as well as dated 21.1.2017 passed by Civil Judge (Junior Division), Mohali, whereby, evidence of the petitioner-plaintiff has been closed by Court order and the application for recalling of aforesaid order has also been dismissed.

(2.) Briefly, the facts of the case are that the petitioner-plaintiff filed a suit for declaration to the effect that she alongwith defendants is the joint owner in possession of the suit land. Said suit was contested by the respondents-defendants by way of filing separate written statements i.e. one by defendants No.1 to 4 and other by defendants No. 5 and 6. However, during course of leading evidence by the petitioner-plaintiff, her evidence was closed vide order dated 21.11.2016. The petitioner-plaintiff filed an application for permission to adduce remaining evidence but said application was also dismissed vide order dated 21.1.2017. Orders dated 21.11.2016 and 21.1.2017 are subject matter of challenge in the present revision petition.

(3.) Learned counsel for the petitioner submits that the trial Court has neither appreciated the submissions made by learned counsel for the petitioner nor the facts mentioned in the application properly and without taking into consideration the mandatory provisions of law, the impugned orders have been passed. Learned counsel further submits that the evidence required to be adduced by the petitioner is necessary for just decision of the case and a great injustice would be caused, in case the same is not allowed. Learned counsel also submits that in the impugned order it has wrongly been mentioned that the petitioner-plaintiff has availed 25 opportunities for leading evidence, whereas, all the opportunities were not availed by the petitioner-plaintiff only. The trial Court could have adopted other methods to summon the witnesses but without adopting those methods the trial Court has passed the impugned orders. At the end, learned counsel for the petitioner-plaintiff submits that only one effective opportunity may be granted to the petitioner for adducing entire evidence and she is ready to compensate the party opposite in monetary terms and no prejudice is going to be caused to the other party.