Civil Revision No. 5588 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 5588 of 2011 Date of Decision: 14.9.2011 Joginder Singh ... Petitioner Versus Daljit Singh ... Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Dhirinder Chopra, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed aggrieved against the impugned order dated 9.6.2011 (Annexure P2), passed by the Court of Additional Civil Judge (Senior Division), Moga, whereby further opportunity to lead evidence has been declined to the petitioner/defendant who had filed an application under Order 9 Rule 13 CPC for setting aside ex parte judgment and decree dated 4.8.2007. A perusal of the impugned order reveals that the trial Court having considered the fact that the petitioner/defendant had availed four opportunities and had not led his evidence, came to the conclusion that no further indulgence could be granted to him. Mr. Dhirinder Chopra, Advocate, appearing for the petitioner/defendant, has submitted at bar that no proceedings took Civil Revision No. 5588 of 2011 2 place on 20.7.2011 and now the case is fixed for 26.9.2011. He further submits that in case one opportunity is granted to the petitioner/defendant to lead his entire evidence at his own risk and responsibility, it will advance the interest of justice. Having gone through the contents of the petition and hearing learned counsel for the petitioner, this Court is of the view that taking totality of circumstances, fair play and balance of equities into consideration, one opportunity ought to be granted to the petitioner to adduce his entire evidence, at his own risk and responsibility. Thus, the present revision petition is accepted. The trial Court is directed to afford one effective opportunity for leading evidence to the petitioner. On the day so fixed, the petitioner shall conclude his entire evidence. The witnesses shall be produced in the Court by the petitioner/defendant at his own risk and responsibility. For having caused delay, the petitioner is saddled with the cost of ` 5,000. (Kanwaljit Singh Ahluwalia) Judge September 14, 2011 “DK”