C.R. No.440 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.440 of 2008 Date of Decision: 4.2.2008 Hassan Mohd. and another .....Petitioners Vs. Noor Mohammad @ Jumma and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Sunil Panwar, Advocate for the petitioners. Mr.Adarsh Jain, Advocate for respondents no.1 and 2. ... RAJIVE BHALLA, J (Oral) Prayer in this revision is for setting aside the impugned order dated 3.10.2007 passed by the learned Civil Judge (Junior Division), Nuh, whereby the evidence of the plaintiffs-petitioners was closed. Counsel for the petitioners states that if two effective opportunities are granted to the petitioners, to lead their entire evidence, they would conclude their evidence without any further opportunity. It is submitted that the petitioners could not lead their evidence, as the case was transferred from Palwal to Nuh. Counsel for the petitioners further states that the petitioners examined 3 PWs on the first date and thereafter on account of change of counsel, they could not adduce any further evidence. Counsel for the respondents, however, states that the petitioners are intentionally delaying the matter and have already been granted 4 opportunities to lead evidence. C.R. No.440 of 2008 2 I have heard learned counsel for the parties and perused the impugned order. The petitioners have been granted 4 opportunities in all for leading evidence. They examined 3 witnesses on 14.2.2007. On 23.5.2007, no PW was present and the case was adjourned to 8.8.2007, subject to payment of Rs.300/- as costs. On 8.8.2007, though costs were paid, no PW was present and the case was adjourned to 3.10.2007 on payment of Rs.800/- as costs. On 3.10.2007, as no PW was present and costs were not deposited, petitioners evidence was closed by order. Though the order passed by the learned trial Court, does not suffer from any error, yet the interest of justice would be served if the petitioners are granted two effective opportunities, to lead their entire evidence, subject to payment of Rs.5,000/- as costs. Ordered accordingly. It is made clear that the learned trial Court shall, on the next date of hearing, grant two effective opportunities to the petitioners, to lead their entire evidence. In case, the petitioners fail to conclude their evidence on the two opportunities so granted, their evidence shall be deemed to have been closed by order. Disposed of in the aforementioned terms. 4.2.2008 ( RAJIVE BHALLA ) GS JUDGE