CR No. 8027 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No. 8027 of 2011 Date of decision:- 23.12.2011 Gian Singh ....Petitioner Vs. Budh Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Arihant Jain, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 17.12.2011 (Annexure P-1) passed by the Civil Judge (Junior Division), Dhuri, whereby evidence of the plaintiff-petitioner (hereinafter referred as 'the petitioner') was closed by order. The impugned order indicates that the fault of the petitioner was not the cause to close his evidence, but since the witnesses had not appeared despite service, therefore, they could not be examined. In such circumstances, an obligation has been imposed upon the Court to have recourse to the process, as provided under the Code of Civil Procedure for effecting service upon the witnesses instead of closing the evidence. Though the case has been pending since 2006, yet the counsel has submitted that the delay in trial was for the reason that file remained stick CR No. 8027 of 2011 2 before the Appellate Court till 30.05.2011. Resultantly, this petition is accepted; the impugned order is set aside and the petitioner is granted six months' time to conclude his entire evidence. This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order. (A.N.JINDAL) December 23, 2011 JUDGE ajp