IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7812 of 2010 (O&M) Date of decision: 2.2.2011 Madhukar Kumria and another ...Petitioners Versus Mrs.Romila Suri and others ...Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Arvind Rajotia, Advocate for the petitioners Mr.Gunjan Rishi, Advocate for respondent Nos.1 and 2. *** Ram Chand Gupta, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 4.11.2010 passed by learned Additional Civil Judge (Senior Division), Gurgaon vide which the evidence of the petitioner No.1 was closed and petitioner No.2 was proceeded against ex-parte. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial court. The facts relevant for the decision of the present revision are that petitioners being daughters of late Sh.RL Kumria moved a petition under Section 372 of the Hindu Succession Act for grant of succession certificate. The said application was contested by the present petitioners. Issues were framed by learned trial court. The evidence of respondent Nos.1 CR No.7812 of 2010 (O&M) -2- and 2 was closed and the case was fixed for evidence of the present petitioners for 29.5.2010, 4.9.2010 and thereafter, for 4.11.2010, when the impugned order was passed. Perusal of the impugned order shows that as the lawyers were on strike on 4.11.2010 and hence, a date was requested for evidence by petitioner No.1 while appearing in person by himself as well as for petitioner No.2. However, his prayer was declined by learned trial court. In view of these facts, counsel for respondent Nos. 1 and 2 stated that he is having no objection, if the said order is set aside and one opportunity is granted to them to adduce their evidence at their own responsibility. Hence, the present petition is accepted. The impugned order dated 4.11.2010 is set aside. Learned trial court is directed to grant one effective opportunity to the petitioners to lead their evidence at their own responsibility. February 2, 2011 (RAM CHAND GUPTA) gsv JUDGE