IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5608 of 2008 Date of decision: 31.3.2009 Daulat Singh ......Petitioner Versus Chamkaur Singh and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Malkeet Singh, Advocate for the petitioner. * * * Rakesh Kumar Garg, J.(Oral) This is plaintiff's revision petition challenging the order dated 16.9.2008 passed by the Additional Civil Judge (Sr. Division), Phillaur whereby evidence of the plaintiff has been closed by order. Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that the impugned order has been passed on the wrong premises as the costs imposed by the Court were paid and one witness was also examined on the date when the impugned order was passed. Learned counsel for the petitioner has also stated that the petitioner requires only one opportunity to complete his evidence and no prejudice would be caused to the respondents as they can well be compensated by way of costs. Keeping in view the facts and circumstances of the case, I deem it appropriate to grant one more opportunity to the petitioner to conclude his entire evidence at his own risk and responsibility, subject to payment of costs of Rs.1,000/-. It is made clear that the payment of costs shall be condition precedent for affording the opportunity to the plaintiff for leading his evidence. The petitioner shall appear before the trial Court on CR No.5608 of 2008 -2- the date fixed when the trial Court shall fix a further date thereby granting the petitioner one more opportunity to lead and conclude his entire evidence in accordance with law, as ordered above. Disposed of. March 31, 2009 (RAKESH KUMAR GARG) ps JUDGE