C.R. No.5938 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5938 of 2010 (O&M) Date of Decision: 15.9.2010 Balbir Kaur ……Petitioner VERSUS Kashmir Singh and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Onkar Singh, Advocate for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 24.8.2010 passed by learned Additional Civil Judge (Sr. Division), Hoshiarpur, whereby the evidence of the defendants was directed to be closed. 2. Learned Counsel for defendant No.8 (petitioner herein) states that in fact defendant No.8/petitioner is the only contesting de- fendant and defendant No.8/petitioner is residing in England and she C.R. No.5938 of 2010 (O&M) -2- could come back only on 8.9.2010, hence, she could not produce wit- nesses on the date fixed i.e. on 24.8.2010. Learned Counsel for the petitioner/defendant No.8 further states that defendant No.8 shall produce all the witnesses on the next date fixed by the learned trial Court. 3. There is a golden rule of procedure that none of the party should be given walkover. Lis between the parties as far as possible should be decided on merits after giving reasonable opportunities to both the parties to place on record entire evidence and material. 4. In the peculiar facts and circumstances of the case, I di- rect that learned trial Court shall fix the date for the purpose of evi- dence of defendant No.8. On the date fixed by the learned trial Court, defendant No.8 shall produce all the witnesses. Witnesses so pro- duced by the defendant No.8 shall be examined on the date fixed by the learned trial Court and if examination is not complete on the said date, then learned trial Court shall be at liberty to hold day to day hearing or to fix any other date to complete the examination of the witnesses. However, it is made clear that no adjournment shall be granted to defendant No.8/petitioner to produce witnesses. Peti- tioner/defendant No.8 shall pay Rs.5000/- as costs to the plaintiffs/re- spondents. 5. Petition stands disposed of accordingly. ( ALOK SINGH ) C.R. No.5938 of 2010 (O&M) -3- 15th September, 2010 JUDGE ashish