IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH C.R.No.499 of 2009 Date of order : 29.1.2009 Vijay Singh ......Petitioner(s) Versus Savitri Devi ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ram Bilas Gupta, Advocate for the petitioner. JASWANT SINGH,J(ORAL) Petitioner-plaintiff has filed this revision petition under Article 227 of the Constitution of India praying for setting aside order dated 13.12.2008 (Annexure P.1) passed by Civil Judge(Sr. Division), Faridabad whereby his evidence has been closed by order of the Court. Facts as stated are that the petitioner-plaintiff filed a suit for permanent injunction against the respondent-defendant on the ground that he had purchased the suit property and had made full and final payment of the stated consideration amount of Rs.1,10,000/-. The receipt of payment was issued in the presence of witnesses. Agreement to sell was executed on 5.7.1999 and physical possession of the property in dispute was also handed over to the petitioner and thereafter he has constructed a pucca house thereupon, however, the sale deed has not been executed. Petitioner issued a legal notice dated 8.2.2000 to the respondent requesting for registration of the sale deed in pursuance of agreement to sell dated 5.7.1999. It is stated that in stead of executing the sale deed, respondent lodged an FIR bearing No.149 dated 15.4.2000, under Sections 420/467/468/471/120-B IPC against the petitioner asserting that the petitioner had committed a forgery C.R.No.499 of 2009 #2# and fraud with him. It appears that after investigation, the police filed a cancellation report dated 17.9.2000 and recommended for initiation of criminal proceedings under Section 182 Cr.P.C against the respondent. In the present civil suit, the petitioner, despite being given 14 opportunities for leading evidence including ten last opportunities, did not lead any evidence, therefore, vide impugned order dated 13.12.2008 (Annexure P.1) passed by Civil Judge(Sr. Division), Faridabad, his defence was ordered to be struck off. After hearing learned counsel for the petitioner and perusing the paper book, it is evident that the original document of agreement to sell and also the original sale deed dated 8.12.1993 qua the suit land in favour of the respondent, which was handed over to the petitioner at the time of signing of the agreement to sell between the petitioner and the respondent, were handed over to the police during the investigation of the said FIR. Despite best efforts, the petitioner could not retrieve them from the custody of the police. He filed an application before the learned Court for issuance of direction to the SHO, P.S. Sarain, Faridabad to produce the said documents whereupon notice was issued and Jasbir Singh, SI concerned presented himself before the Court on 6.12.2008 and stated that the said documents were lying in the cancellation file at V.R.K Branch, Superintendent of Police Office, Faridabad, therefore, plaintiff-petitioner may be directed to obtain the same from that office. Accordingly, the petitioner moved an application before the S.P, Sector 11, Faridabad for release of the said document. It appears that before any action could be taken upon it, the learned Court passed the impugned order. Learned counsel for the petitioner has stated that the said C.R.No.499 of 2009 #3# documents have now been released to the petitioner and therefore, learned counsel prays for two effective opportunities to lead the evidence. It is also apparent from the records that the respondent- defendant has already been proceeded ex parte. In view of the aforesaid facts of the case, this Court feels that it cannot be said that the petitioner has been totally negligent in not leading his evidence. He has shown sufficient cause for not leading his evidence, therefore, this Court is of the opinion that it is, in the interest of justice, if two effective opportunities are granted to the petitioner to lead his entire evidence. Accordingly, this revision petition is allowed and order dated 13.12.2008 (Annexure P.1) passed by Civil Judge(Sr. Division), Faridabad is set aside. Learned trial Court is directed to grant two effective opportunities to the petitioner to lead his entire evidence on the next date or a date to be fixed by it subject to payment of Rs.500/- as costs to be deposited with District Legal Services Authority. January 29, 2009 ( JASWANT SINGH ) manoj JUDGE