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2016 DIGILAW 2433 (PNJ)

Nachhattar Singh deceased through LR v. Satinder Singh

2016-09-05

RAJAN GUPTA

body2016
JUDGMENT : Rajan Gupta, J. 1. Challenge in the present writ petition is to the order dated 18.8.2016 (Annexure P-1) passed by learned court below whereby the evidence of the plaintiff was closed by order. Learned counsel for the petitioner submits that he could not conclude the evidence due to certain reasons beyond his control. He submits that one opportunity may be granted to conclude the evidence. 2. Learned court below held that plaintiff has availed numerous opportunities to conclude the evidence, as he failed to conclude the same learned court below was constrained to pass the impugned order. 3. Keeping in view the above facts and circumstances particularly the medical condition of the petitioner, one opportunity is granted to the petitioner to conclude his evidence. Therefore, the impugned order dated 18.8.2016 is set aside and present petition is allowed. 4. This court is conscious of the fact that this order is being passed without notice to respondents. In view of the said fact, plaintiff-petitioner shall be liable to pay Rs. 7,000/- as costs to be remitted to defendants-respondents. 5. Allowed in the above terms.