C.R. No. 3755 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3755 of 2009 Date of Decision: August 25, 2009 Ram Karan …..Petitioner Vs. Smt. Panna Devi and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Sanjay Mittal, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated May 28, 2009, the evidence of the plaintiff- petitioner in proceedings under Order 39 Rule 2-A CPC has been closed on the ground that despite three opportunities on payment of costs, he has not been able to produce any evidence. Counsel for the petitioner submits that the petitioner wants to examine himself and does not want to produce any other evidence. C.R. No. 3755 of 2009 [2] After hearing counsel for the petitioner and going through the impugned order, it appears that the petitioner has even failed to pay the costs of Rs.300/- subject to which payment the opportunity had been granted to the petitioner. Legally seen there does not appear to be any illegality in the order but in the interest of justice that the petitioner on account of negligence has not been able to even examine himself, he can be granted one opportunity subject to payment of costs. The revision petition can be disposed of in limine as the case is now fixed for defence evidence on December 7, 2009. The petition is allowed in limine and it is ordered that the petitioner will appear on December 7, 2009 before the trial Court and he will be permitted to be examined and cross-examined subject to payment of sum of Rs.3000/- as costs. It is made clear that in case the petitioner does not appear on next date of hearing fixed before the trial Court and does not offer costs, this petition will be deemed to have been dismissed. It is made clear that if for any unavoidable circumstances, the trial Court is not able to examine the petitioner, the case will be adjourned not beyond 15 days for examination of the petitioner. August 25, 2009 (M.M.S.BEDI) sanjay JUDGE