CR No.7130 of 2009 - 1 – IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7130 of 2009 DATE OF DECISION: 03.12.2009 **** Nirmal Kaur and another . . . . Petitioners VS. Buta Singh and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Suresh Goyal, Advocate for the petitioners. **** RAKESH KUMAR JAIN J. (ORAL) Learned counsel for the petitioners, inter alia, contends that issues were framed on 18.4.2009 and the case was adjourned to 23.5.2009 for evidence of the objector. On 23.5.2009, examination- in-chief of one of the objector was recorded but the cross was deferred on the request of other counsel and the case was adjourned to 18.7.2009. On the said day, though two witnesses of the objector, namely, Kulwant Singh and Mohinder Singh, who had appeared in another connected case titled as “Balbir Singh Vs. Partap Singh” in the same Court were present, but inadvertently, the Court had recorded in the zemini order dated 18.7.2009 that no evidence of the objector is present and adjourned the case to 8.8.2009 for evidence of objector, subject to last opportunity. On 8.8.2009, no objector witness was present. Adjournment was requested and the case was adjourned to 12.9.2009, subject to last opportunity. On 12.9.2009, evidence was closed and the case is now stated to be fixed for 12.12.2009. CR No.7130 of 2009 - 2 – Learned counsel for the petitioners has submitted that if one opportunity is granted then the petitioners would examine all his witnesses on the date fixed. He also submits that though witnesses were not present on the last two dates, the closing of the evidence would practically shutdown his case of objections against the execution and the impugned order would adversely effect the interest of the petitioners. After hearing learned counsel for the petitioners and keeping in view the facts and circumstances of the case, the present petition is allowed. Petitioners are granted one more opportunity to lead their entire evidence on 12.12.2009 (date fixed), subject to payment of cost of Rs.10,000/-. It is, however, made clear that if the cost is not paid then this revision petition would be deemed to have been dismissed. (RAKESH KUMAR JAIN) DECEMBER 03, 2009 JUDGE Vivek