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2005 DIGILAW 553 (PNJ)

Mohan Lal Jain v. Rajinder Gill

2005-05-03

M.M.KUMAR

body2005
Judgment M.M.Kumar, J. 1. On 15.3.2005, this Court while disposing of Civil Revision Petition No. 1478 of 2005 has granted one opportunity to the plaintiff-petitioner to adduce additional evidence on payment of cost of Rs. 5,000/- which was in addition to Rs. 1,000/- awarded by the trial Court. It was further directed that the additional evidence was to be produced by the plaintiff-petitioner at his own responsibility and that if he fails to produce and close the evidence on one effective opportunity then his evidence was to be treated as closed. The plaintiff-petitioner was directed to appear before the trial Court on 23.3.2005 when he was to pay cost. It was made clear that if the cost is not paid or evidence is not produced and closed, then the evidence of the plaintiff-petitioner was to be treated as closed. 2. The instant application has been filed with the grievance that on account of delay in collecting the certified copy, the cost could not be paid as per the direction issued by this Court and the trial Court has declined the request vide its order dated 26.3.2005. 3. Notice of the petition. 4. Mr. H.S. Dhillon, Advocate who is present in the Court for the caveator accepts notice. 5. After hearing the learned counsel for the parties. I am of the considered view that the instant petition deserves to be allowed because certified copy of the order was ready on 21.3.2005 which was collected only on 23.3.2005. There is a lapse on the part of the petitioner in collecting the certified copy on the day when it was prepared which has resulted into delay in presenting the same before the trial Court. In the interests of justice one more opportunity is granted to the plaintiff-petitioner with the same direction as was issued on 15.3.2005. The cost of Rs. 1,000/- imposed by the trial Court and Rs. 5,000/- imposed by this Court on 15.3.2005 shall be paid to the defendant-respondents. In addition the plaintiff-petitioner shall pay further cost of Rs. 5,000/-. 6. The petition is disposed of. 7. Parties through their counsel are directed to appear before the trial Court on 16.5.2005. Copy of the order be given Dasti on payment on usual charges.