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2011 DIGILAW 272 (HP)

Mahle Filter System v. Rita Bawa

2011-01-06

V.K.AHUJA

body2011
JUDGMENT V.K. Ahuja, J. (Oral): The petitioner has filed the present petition in a contempt petition filed by him against the order passed by the learned trial Court closing the evidence of the petitioner vide its impugned order dated 11.8.2009. 2. I have heard learned counsel for the petitioner and have gone through the impugned order. 3. The learned trial Court has observed that since the evidence has already been closed by the orders passed in the earlier part of the day, therefore, the evidence was closed. A prayer had been made by the petitioner by filing an application for adjournment and to give one more opportunity to the petitioner to lead evidence since the person who was earlier cited as a witness stood transferred and some other person was sought to be examined. The learned trial Court should have considered the prayer and allowed the case to be disposed of by the trial Court, rather closing the evidence and leading to the petitioner to file the present petition before this Court. The ends of justice will be met in case one opportunity is given to the petitioner to take Dasti summons for service of the witness and it shall be for the petitioner to get the service effected and produce the witness on the date to be fixed. In case of any such reason the petitioner is not able to get the service effected upon the witness, the learned trial Court shall reasonably consider the prayer made in this regard. Therefore, the impugned order is set aside and the petition stands allowed accordingly. 4. Petitioner through learned counsel is directed to put up appearance before the trial Court on 15th February, 2011, who shall issue notice to the respondents and shall proceed with the case in accordance with law. Needless to say, the case has already taken sufficient time and the trial Court shall try to dispose of the case as far as possible within four months from the date fixed for hearing. The record of the case alongwith a copy of this judgment be returned to the learned trial Court before the date fixed. 5. In view of the orders passed in the main petition, the interim order stands vacated and the pending application(s), if any, also stand disposed of.