CR No. 3879 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 3879 of 2010 Date of decision:- 07.09.2010 Mr. Sumant Kakkar ......Petitioner Vs Dr. Prem Nath Srivastava and others ......Respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Shailendra Jain, Advocate, for the petitioner. Mr. R.S. Madan, Advocate, for respondents No. 1 and 2. Mr. Sanjay Vij, Advocate. HEMANT GUPTA, J (ORAL) Defendant No. 6 is in revision against the order passed by the learned trial court on 31.05.2010, whereby, the application for setting aside of ex-parte proceedings initiated against the petitioner on 31.03.2010 was declined. Learned counsel for the plaintiffs/respondents, has no objection for setting aside of the orders dated 31.03.2010 and 31.05.2010, but, states that the petitioner, should be granted only one opportunity, so as to enable the petitioner to conclude his evidence at an early date, as the intention of the petitioner, is only to delay the proceedings. CR No. 3879 of 2010 2 Learned counsel for the petitioner, states that the petitioner, has to examine Police Official(s) of the Delhi Police, produce the official(s) of the court with the relevant record and produce certain documents. In view of the fair stand taken by learned counsel for the plaintiffs/respondents, the orders dated 31.03.2010 and 31.05.2010, are set aside. Consequently, the ex-parte proceedings, initiated against the petitioner, shall be deemed to be set aside, subject to payment of costs of Rs. 10,000/-. Keeping in view the respective stand of the parties, the petitioner, is permitted to lead his entire evidence on two dates, which may be fixed by the learned trial court within a span of two months, subject to payment of costs aforesaid. Though, it shall be open to the petitioner, to take assistance from the court to serve dasti summons upon the witnesses to be summoned by him, but, non-service of summons for any reason, whatsoever, shall not be the ground for granting further indulgence to the petitioner to lead evidence. The time of two months shall be from the date fixed before the trial court. The Civil Revision stands disposed of accordingly. 07.09.2010 (HEMANT GUPTA) Amodh JUDGE