Full Judgment Text
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CASE NO.:
Appeal (civil) 2295 of 2001
PETITIONER:
KEWAL KRISHAN
Vs.
RESPONDENT:
HARNEK SINGH (DEAD) BY LR.
DATE OF JUDGMENT: 22/03/2001
BENCH:
M.B. Shah & S.N. Variava
JUDGMENT:
L...I...T.......T.......T.......T.......T.......T.......T..J
S. N. VARIAVA, J.
Leave granted.
Respondent absent inspite of service.
We have heard Mr. Gaur. Mr. Gaur submits that
Appellant/Plaintiff was present in Court and ready to give
evidence but was not permitted to do so. Mr. Gaur states
that if given one more opportunity the Appellant will, on
the date/s fixed for hearing by the trial Court, keep
himself and all his witnesses available in Court and will
lead their evidence without fail. Mr. Gaur states that the
Appellant will not ask for adjournment on any ground
whatsoever.
In our view, end of justice requires that the Appellant
be given one more opportunity of leading evidence.
Accordingly the order closing the evidence of the Appellant
is set aside. The trial Court is directed to permit the
Appellant to lead his evidence.
The Appeal stands disposed of accordingly. Appellant to
pay to the Respondent costs fixed at Rs. 500/-.