C.R. No. 5255 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5255 of 2009 (O&M) Date of Decision : 14.9.2009 General Manager Telecom Distt. BSNL, SCF-86-87, Commercial Complex Sector 16, Faridabad. .......... Petitioner Versus M/s Industrial Progressive India Ltd. & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Madan Mohan, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 21869-CII of 2009 This is an application for exemption from filing of certified copies of the Annexures. For the reasons stated in the application, C.M. is allowed, the filing of certified copies of the Annexures, is ordered to be dispensed with. C. R. No. 5255 of 2009 This revision petition is directed against the order dated 25.8.2009, passed by the learned Addl. Civil Judge (Sr. Divn.), Faridabad vide which the evidence of the petitioner has been ordered to be closed for not concluding the evidence in spite of availing C.R. No. 5255 of 2009 2 number of opportunities. The order impugned reads as under :- “Two PWs are present and examined. No other PW is present despite availing 11 effective including last opportunity to lead and conclude its entire evidence. The case is pertaining to the year 2000. There is no justification to further adjourn the case for evidence of the plaintiff. The same is closed by court order. To come upon 14.9.2009 for evidence of the defendants.” Learned counsel for the petitioner has not challenged the order on merit but prays that in the interest of justice, the petitioner may be granted only one last opportunity to conclude his entire evidence at his own risk and responsibility. In view of the stand taken by the learned counsel for the petitioner, I feel that interest of justice would be served if the petitioner is granted one last opportunity to conclude his entire evidence on payment of costs. Accordingly, the present revision is allowed, the impugned order is set aside and the petitioner is granted one last opportunity to conclude his entire evidence on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/- (Rupees five thousand only ) as costs. 14.9.2009 ( VINOD K. SHARMA ) 'sp' JUDGE