P&H: Evidence Should Not Be Closed Mechanically When Witnesses Can Be Secured

punjab-haryana
⚖️ Order Date: 15 Oct 2026
Headnotes

(i) Civil Procedure Code, 1908, O.15 — Attendance of witnesses — Non-appearance of witness, despite issuance of warrants, does not render Court powerless to secure his presence — Rather Court is vested with adequate powers under O.15 of CPC, to enforce the attendance of witnesses through...

(ii) Action Plan Case — Objective — Cases identified under the Action Plan are required to be adjudicated expeditiously, but strictly in accordance with law, by adopting appropriate procedural measures to secure the attendance of witnesses and avoid unnecessary adjournments. (Para 6.1)


Facts of the Case

P&H: Evidence Should Not Be Closed Mechanically When Witnesses Can Be Secured

The Punjab and Haryana High Court has set aside orders closing a petitioner’s evidence in two motor accident claim cases, directing the Motor Accident Claims Tribunal, Ludhiana, to give him an effective opportunity to complete it.

The petitioner challenged orders dated September 15, 2026, which closed his evidence in the two proceedings. His counsel argued that material witnesses had not appeared despite summons and bailable warrants, and pointed to the petitioner’s illness on the last two hearing dates. The Court decided the petitions without issuing notice of motion.

Justice Virinder Aggarwal observed that a witness’s failure to appear despite warrants...

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