In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 8100 of 2010 (O&M) Date of Decision: December 14, 2010 State Bank of India ---Petitioner versus Ram Singh Gill ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Vikas Chatrath, Advocate, for the petitioner *** GURDEV SINGH, J. Heard. This revision petitioner under Article 227 of the Constitution of India is for quashing order dated 134.10.2010 passed by Additional Civil Judge(Senior Division), Barnala, closing the evidence of the petitioner- plaintiff by order and dismissing the application filed by it under Order 11 Rule 12 CPC. It has been contended by counsel for the petitioner that only the concerned Manager of the plaintiff-bank was to be examined for proving the revival letters, who could not appear in the Court as the letter written for permission to that Manager to appear in the Court, had still not been decided. One after the other five clear cut opportunities were granted to Civil Revision No. 8100 of 2010 (O&M) -2- the plaintiff to produce its evidence. The revival letters were pleaded in the plaint, as is clear from the contents of the application filed under Order 11 Rule 12 CPC. The mala fides of the plaintiff is very much clear from that application itself. The defendant had denied the revival letters in his written statement and still the application was filed calling upon him to admit or deny the same. As per the provisions of CPC (as amended by Act 24 of 2002) the plaintiff was entitled to three opportunities to produce its evidence. Though, that rule is not mandatory, still some limit is to be imposed. Before closing the evidence, two last opportunities were granted to the plaintiff and those orders were fore-waring to it that its evidence will be closed in case it failed to produce its evidence. Still, the plaintiff failed to produce its evidence and after granting five opportunities, its evidence was closed. No illegality is found in the impugned order. Revision petition is disposed of Accordingly. (GURDEV SINGH) JUDGE December 14, 2010 PARAMJIT