C. R. No. 7322 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. R. No. 7322 of 2010 Date of Decision : November 10, 2010 Laxmi Bhatt .... Petitioner Vs. Ibrahim Khan .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Ashish Gupta, Advocate for the petitioner. * * * L. N. MITTAL, J. (Oral) : C. M. No. 28579-C-II of 2010 : Allowed as prayed for. Main Case : Plaintiff Smt. Laxmi Bhatt has filed the instant revision petition under Article 227 of the Consitution of India to impugn order dated 28.07.2010 (Annexure P-2) passed by learned Civil Judge (Senior Division), Gurgaon, thereby dismissing application Annexure P-1 moved by the plaintiff-petitioner for additional evidence to appear as her own witness. I have heard learned counsel for the petitioner and perused the C. R. No. 7322 of 2010 2 case file. Learned counsel for the petitioner prays that only one more opportunity may be granted to the petitioner-plaintiff to appear as her own witness, on payment of cost. I have carefully considered the aforesaid prayer. Perusal of the impugned order reveals that evidence of the plaintiff was closed by court order dated 22.01.2009 and immediately thereafter, the plaintiff moved application dated 26.02.2009 (Annexure P-1) for additional evidence for appearing as her own witness. The said application has been dismissed primarily on the ground that evidence of the plaintiff-petitioner had earlier been closed by court order. Perusal of the impugned order also reveals that the plaintiff was granted eight effective opportunities in all for her evidence. In these circumstances, I am of the considered opinion that ends of justice would be met if another opportunity is granted to the plaintiff-petitioner to appear as her own witness on payment of cost. The plaintiff has to be burdened with heavy cost as even the instant revision petition has been filed more than three months after the passing of the impugned order. I intend to dispose of the instant revision petition without issuing notice to the respondent so as to avoid further delay in the disposal of the suit and to save the respondent of the expenses, which he may have to incur in engaging counsel for the revision petition, if notice thereof is issued C. R. No. 7322 of 2010 3 to him. For the reasons aforesaid, the instant revision petition is allowed and trial court is directed to grant only one more opportunity to the plaintiff-petitioner to appear as her own witness by way of additional evidence, subject to payment of Rs.3,000/- as cost precedent. November 10, 2010 ( L. N. MITTAL ) monika JUDGE