IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4728 of 2009 (O&M) Date of Decision 21.08.2009 Sahun and others ......Petitioners VERSUS Ramju and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.J.S.Hooda, Advocate, for the petitioners. ***** A.N.JINDAL, J(ORAL): This petition is directed against the order dated 12.06.2009, passed by Civil Judge (Junior Division), Nuh, whereby the evidence of the petitioners-plaintiffs has been closed by order. Factual background, which could be pulled from the zimni orders is that there were two applications one for dismissal of the suit and another for want of payment ad-valorem court fee. Both the applications were dismissed. As a matter of fact, the case was being adjourned for deciding these applications since 2005 till it was transferred to this Court on 10.06.2009. Exactly on 10.06.2009, the Presiding Officer dismissed both the applications and case was adjourned for 12.06.2009 for leading plaintiff's evidence. On 12.06.2009, the evidence of the plaintiff was closed by order. Apparently, since the applications were dismissed on 10.06.2009, the Presiding Officer should not have conducted in haste in giving only two days date for evidence of the plaintiff as it was not only feasible rather difficult to collect evidence within two days. Thus, the impugned order, Civil Revision No.4728 of 2009 (O&M) -2- passed by the Trial Court is misconceived. The Court should have afforded some reasonable opportunity to the plaintiff to lead evidence. In these circumstances, this petition is allowed and the impugned order is set aside. The petitioner shall complete his evidence within three months positively subject to payment of Rs.1000/- as costs. This petition is disposed of without issuing notice to the respondents with a view to imparting 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. If still dissatisfied, the respondents may move this Court for recalling this order. (A.N.Jindal) Judge 21.08.2009 mamta-II