C.R. No.4586 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.4586 of 2007 Date of Decision: 31.1.2008 Bhagwan Kaur .....Petitioner Vs. Didar Singh and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.K.S. Boparai, Advocate for the petitioner. None for the respondents. ... RAJIVE BHALLA, J (Oral) The petitioner, challenges an order dated 16.7.2007 passed by the Civil Judge (Junior Division),Ludhiana, closing his evidence by order. Counsel for the petitioner states that the petitioner may have been remiss in her obligation to lead her evidence expeditiously, but if one opportunity is granted, she would lead her entire evidence. No one is present on behalf of the respondents. The petitioner is a 75 years old lady and as is apparent from the interim orders produced before this Court, was present before the trial Court on the following dates : “5.12.2003, 14.1.2004, 4.9.2004, 2.11.2004, 20.5.2005, 19.6.2005, 19.7.2005, 22.8.2005, 23.1.2007, 6.2.2007 and 14.2.2007” She was not cross examined for one reason or the other and eventually on 16.7.2007, when she was absent, her evidence was closed by C.R. No.4586 of 2007 2 order. All that remains to be done on her part is to appear for cross- examination. In this view of the matter, interest of justice would be served by setting aside the impugned order and directing the petitioner to appear for the purpose of cross-examination before the trial Court on a date to be fixed by it, subject to payment of costs of Rs.5,000/-. It is made clear that in case, the petitioner does not appear on the date to be fixed by the trial Court,her evidence shall be deemed to have been closed by order and no further opportunity shall be granted. Disposed of accordingly. 31.1.2008 ( RAJIVE BHALLA ) GS JUDGE