C.R. No. 2777 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2777 of 2009 Date of Decision: July 31, 2009 Mahabir Singh …..Petitioner Vs. Gram Panchayat, Guriani …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. M.K. Verma, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Counsel for the petitioner submits that the plaintiff- petitioner has been deprived an opportunity to produce his evidence despite the fact that process fee, diet money and list of witnesses have been filed. The trial Court has declined opportunity to the plaintiff- petitioner to examine the witnesses on the ground that he had been negligent in submitting the process fee and diet money within a period of three days as directed by the Court on January 16, 2008. The plaintiff had filed the list C.R. No. 2777 of 2009 [2] of witnesses on July 21, 2008. As the trial Court had accepted the diet money and process fee at belated stage and summons had been sent to Gajraj Singh, Sajjan Singh and Sadar Kanungo, Rewari, the trial Court could have given an opportunity to the plaintiff to serve and summon the official witnesses. Without expression of any opinion regarding the relevancy of the witnesses sought to be examined by the plaintiff, this petition can be disposed of in limine by giving a direction that plaintiff be given one opportunity to examine the abovesaid three witnesses as the trial Court has opted to adjourn the case for evidence of the defendant after closing the evidence of the plaintiff. The petition is allowed and it is ordered that the petitioner will be permitted to produce the abovesaid three witnesses subject to payment of Rs.2000/- as costs to the defendant- respondent. Costs will be paid on next date of hearing before the trial Court. It is made clear that the petitioner will not be given more than two opportunities to produce his evidence within a period of two months. It is also made clear that in case the petitioner makes an attempt to unnecessarily prolong the litigation, it will be open to the trial Court to again close the evidence and proceed further. July 31, 2009 (M.M.S.BEDI) sanjay JUDGE