CR No.6498 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.26248-C of 2009 & CR No.6498 of 2009 Decided on :10.11.2009 Pawan Kumar Gaba ... Petitioner versus Ganpat Rai ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Rajiv Joshi, Advocate for the petitioner. **** 1.Whether Reporters of local newspapers 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? AJAY TEWARI, J. (ORAL) This petition has been filed against the impugned order dated 13.10.2009 whereby the evidence of the petitioner has been closed by the Trial Court. Learned counsel for the petitioner states that the matter is now fixed for 05.12.2009 for rebuttal evidence of the respondent. Learned counsel for the petitioner prays for one more opportunity to the petitioner for leading entire evidence on the said date on his own responsibility before the respondent leads his rebuttal evidence. I find from the zimni orders placed on record, that the matter was first adjourned for the evidence of the petitioner on 09.04.2007. It is thus clear that the evidence of the petitioner CR No.6498 of 2009 -2- has not been completed despite passage of 2½ years. In mitigation learned counsel for the petitioner states that in fact the original defendant had died and thereafter the present petitioner was impleaded as legal representative. In my opinion, it would be in the interest of justice if the petitioner is allowed to lead his entire evidence on 05.12.2009 on his own responsibility subject to payment of Rs.10,000/- as costs which shall be tendered in the shape of fixed deposit in favour of respondent. In the event that the costs are not tendered, the petitioner would not be entitled to lead any evidence. It is also made clear that no further opportunity would be granted to the petitioner for this purpose. Consequently, this revision petition is allowed. Since the main case has been decided, all the pending civil miscellaneous applications if any, stand disposed of. November 10, 2009 (AJAY TEWARI) sonia JUDGE