Civil Revision No.2262 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2262 of 2010 Date of decision: 27.08.2010 Pal Singh .....Petitioner Versus Varinder Singh and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Ms. Monika Goyal, Advocate, for the petitioner. Mr. Malkeet Singh, Advocate, for respondents No.1 and 2. ***** VINOD K.SHARMA, J. (ORAL) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 26.11.2009, passed by the learned Additional Civil Judge (Senior Division), Phillaur, vide which the evidence of the petitioner was ordered to be closed by passing the following order: - “Statement of PW Deepak Kumar and cross-examination of PW Santosh Kumari recorded. Counsel for plaintiff tendered some documents in the evidence. No other PW is present despite last opportunity. Number of opportunities already availed by plaintiff. Even, five last opportunities have been granted to plaintiff as last opportunities. Despite that, plaintiff failed to conclude his evidence. No justification made out for granting further adjournment. As such, evidence of plaintiff stands closed by order. At request, adjourned to 27.1.2010 for evidence of Civil Revision No.2262 of 2010 -2- defendant. PF/DM and list of witnesses, if any, be filed within 7 days, failing which, defendant shall not be entitled for assistance of the court in the shape of summoning the witnesses of depositing diet money.” Learned counsel for the petitioner does not contest the case on merits and prays that in the interest of justice, the petitioner be granted one last opportunity to conclude his entire evidence, subject to payment of costs. In view of the stand taken by the learned counsel for the petitioner, this Court feels that it would be in the interest of justice if the petitioner is granted one last opportunity to conclude his entire evidence at his own risk and responsibility on the date to be fixed by the learned trial Court. “Ordered accordingly.” However, this shall be subject to payment of Rs.5,000/- (Rupees five thousand only) as costs. Disposed off. (Vinod K. Sharma) Judge August 27, 2010 R.S.