Punjab and Haryana High Court

CR/6786/2026 of SHAUKAT ALI Vs GANESH DASS on 10 September 2026

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THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6786-2026(O&M) Date of decision : 10.09.2026 Shaukat Ali ...Petitioner Versus Ganesh Dass ...Respondent CORAM:HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. Satish Chaudhary, Advocate for the petitioner. ***** DEEPINDER SINGH NALWA,

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-6786-2026(O&M)

Date of decision : 10.09.2026

Shaukat Ali

...Petitioner

Versus

Ganesh Dass

...Respondent

CORAM:HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA

Present:

Mr. Satish Chaudhary, Advocate for the petitioner.

*****

DEEPINDER SINGH NALWA, J. (Oral)

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1. The present revision petition has been filed by the petitioner/defendant for setting aside the order dated 10.08.2026 (Annexure P-1) passed by the Trial Court in Case No. CS-67-2018, whereby the evidence of the defendants has been closed by order.

2. A perusal of the facts of the case would show that the respondent/plaintiff had filed a suit for declaration and permanent injunction. It transpires that various opportunities were granted to the petitioner/defendant to conclude his evidence. However, despite the opportunities so granted, the petitioner/defendant failed to examine any witness. The case is presently at the stage of rebuttal evidence. In light of the abovesaid circumstances, the evidence of the petitioner/defendant was closed by the Trial Court vide order dated 10.08.2026.

3. Learned counsel appearing on behalf of the petitioner/defendant submits that the petitioner/defendant made his best efforts to produce the witness(es) for the purpose of getting their evidence recorded. However, the witness(es) did not turn up. He submits that two effective opportunities may be granted to the petitioner/defendant to lead and conclude his evidence.

4. Taking into consideration the nature of the prayer made in this revision petition as well as the nature of the dispute involved, it is not necessary to issue notice to the respondents.

5. Although it is an admitted fact that several opportunities had already been granted to the petitioner/defendant to conclude his evidence and that the case is presently at the stage of rebuttal evidence, however, in the interest of justice, two final opportunities to lead and conclude the evidence deserve to be granted to the petitioner/defendant. Denial of such an opportunity may result in miscarriage of justice.

6. In light of the abovesaid facts, the present revision petition is allowed. The impugned order dated 10.08.2026 (Annexure P-1) is set aside. The Trial Court is directed to grant two effective opportunities to the petitioner/defendant to lead and conclude his evidence, subject to payment of costs of Rs.5,000/- to be paid to the respondent/plaintiff. It shall be the responsibility of the petitioner/defendant to produce the witness(es) for recording of evidence on the dates fixed by the Trial Court. In case the petitioner/defendant fails to conclude his evidence within the aforesaid two opportunities, no further opportunity shall be granted to him for the purpose of concluding his evidence.

7. Pending application(s), if any, shall also stand(s) disposed of. 10.09.2026 (DEEPINDER SINGH NALWA) d.gulati JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No

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