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(2026) Law Today Live Doc. Id. 21562 = 2026:PHHC:194881
Decided on: 30.10.2026
Present:
Mr. Atul Goyal, Advocate for the petitioner.
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Closure of Evidence – Medical ground -- One last effective opportunity granted to lead and conclude entire evidence, subject to payment of costs.
High Court restored the opportunity to lead and conclude evidence by granting one last opportunity, subject to payment of costs of Rs.30,000/-.
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Code of Civil Procedure, 1908 (V of 1908), Section 115 – Constitution of India, Article 227 – Closure of Evidence – Opportunity to Lead and Conclude Evidence – Medical Grounds – Costs – Petitioner's cross-examination could not be completed due to his medical treatment -- High Court set aside the Trial Court's order closing his evidence and granted him one last effective opportunity to lead and conclude his entire evidence, subject to payment of Rs.30,000/- as costs.
(Para 5-7)
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DEEPAK MANCHANDA, J. (ORAL) –
1. Petitioner has filed this revision petition under Article 227 of the Constitution of India read with Section 115 CPC to challenge the order dated 23.09.2026 (Annexure P-5) passed by learned Civil Judge, Junior Division, Patiala, whereby trial Court has closed the petitioner/plaintiff’s evidence by Court order.
2. Learned counsel for the petitioner submits that petitioner was examined-in-chief, but his cross-examination was deferred and the same could not be completed due to his medical treatment. In this regard, he has referred to Annexures P-7 showing his medical report for undergoing treatment. He confines himself to the limited prayer for the grant of one more effective opportunity to conclude his entire evidence in view of the explained circumstances.
3. On receipt of advance copy, Mr. Sukhdeep Singh Sidhu, Advocate has put in appearance on behalf of the respondent No.3 and has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that several opportunities were granted to the petitioner to conclude the evidence, but petitioner is intentionally delaying the proceedings for one reason or the other.
4. Heard.
5. A bare perusal of the impugned order reveals that the trial Court granted several opportunities to conclude the evidence, but the petitioner failed to appear. In the facts and circumstances of the case, granting one more effective opportunity to the petitioner to conclude his evidence would cause no prejudice to the respondent, whereas maintaining the impugned order would deprive the petitioner of his substantive right to defend himself.
6. In view of the above, the present petition is allowed and the impugned order dated 23.09.2026 is set aside.
7. The revision petition is accordingly disposed of with the direction to the learned Civil Judge, Junior Division, Patiala, to grant one last opportunity to the petitioner to lead and conclude his entire evidence, subject to payment of costs of Rs.30,000/- to be deposited with the Poor Patient Welfare Fund, PGIMER, Chandigarh.
8. Pending civil miscellaneous application, if any, stands disposed of.
Order accordingly.
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