C.R. No.470 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.470 of 2008 Date of Decision: 4.2.2008 Mange Ram .....Petitioner Vs. Ramji Lal ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Raj Mohan Singh, Advocate for the petitioner. Mr.Adarsh Jain, Advocate for the respondent. ... RAJIVE BHALLA, J (Oral) Prayer in this revision is, for quashing the order dated 14.1.2008 passed by the learned Civil Judge (Junior Division), Palwal, closing the evidence of the petitioner by order. Counsel for the petitioner states that though vide order dated 18.10.2007, he was granted one opportunity, by this Court, to examine Dr.Anil Gupta, as his witness, he could not lead his evidence and/or deposit the costs, as members of the Bar abstained from work on account of the murder of Sh.Durga Parshad, Advocate, a member of the Gurgaon Bar. It is submitted that as the members of the bar abstained from work, the petitioner had no option, but to make a request to the trial Court for grant of an adjournment, which was declined. Counsel for the respondent, however, submits that for the purpose of tendering the costs, the petitioner did not require the services of an Advocate and even otherwise, the impugned order discloses that no C.R. No.470 of 2008 2 witness was present. I have heard learned counsel for the parties and perused the impugned order. It is not denied by counsel for the respondent that one Sh.Durga Parshad, Advocate was shot dead in the premises of the District Courts, Gurgaon on 14.1.2008 and as a result, members of the local Bar at Palwal, abstained from work. This fact is further evidenced by a resolution of the Bar Association, Palwal dated 14.1.008 (Annexure P-1). Consequently, counsel for the petitioner is right in asserting that the petitioner was not at fault and should, therefore, be granted one effective opportunity to lead his entire evidence. In view of what has been stated herein above, the revision petition is allowed. The order dated 14.1.2008 passed by the learned Civil Judge(Junior Division), Palwal is set aside. The learned trial Court shall grant one effective opportunity to the petitioner, subject to payment of Rs.5,000/- as costs. It is made clear that in case, the petitioner does not lead his evidence on a date, to be fixed by the trial Court, his evidence shall be deemed to have been closed by order. 4.2.2008 ( RAJIVE BHALLA ) GS JUDGE