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(2023) Law Today Live Doc. Id. 17444 = 2023(2) L.A.R. 583
Decided on: 06.01.2023
Present:
Mr. Nitish Garg, Advocate for the petitioners.
Code of Civil Procedure, 1908 (V of 1908), Order 18 Rule 2 – Constitution of India, Article 227 -- Lawyers abstained from work -- Closure of evidence – Revision -- Petitioners/defendants seeking one opportunity to examine the witness who could not be examined on date as the Lawyers had abstained from work – Held, it would be in the interest of justice if the petitioners are granted one opportunity subject to payment of cost -- Petition allowed and the petitioners afforded one opportunity subject to payment of Rs.5,000/-, to be paid to the respondent/plaintiff.
(Para 5)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. The petitioners have challenged the order dated 23.11.2022 (Annexure P-6) whereby their evidence has been closed.
2. Learned counsel for the petitioners submits that the respondent/plaintiff had filed a suit for mandatory injunction and the matter had been adjourned to 23.11.2022 for recording the evidence of the defendants. On 23.11.2022, a resolution had been passed by the District Bar Association to observe 'no work day' and therefore, the witnesses could not be examined. He further submits that the closure of evidence of the petitioners/defendants without examining the remaining witnesses would cause serious prejudice to their case and prays for only one opportunity to examine DW5 Bihari Lal.
3. Heard.
4. In view of the limited prayer of the petitioner for affording them one opportunity to examine DW5, I intend to dispose of this petition without issuance of notice to the respondent. The petitioners are only seeking one opportunity to examine the witness who could not be examined on 23.11.2022 as the Lawyers had abstained from work. It would be in the interest of justice if the petitioners are granted one opportunity subject to payment of cost.
5. Consequently, the petition is allowed and the petitioners would be afforded one opportunity to examine DW5 Bihari Lal subject to payment of Rs.5,000/-, to be paid to the respondent/plaintiff. However, it is made clear that the petitioners will not make any further request to adjourn the matter.
6. If the respondent is aggrieved by the order of this Court, he would be at liberty to approach this Court by filing an appropriate application.
Petition allowed.
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