IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.10224-C of 2009 & RSA No.2808 of 2009 (O&M) Decided on : 14.10.2009 Gurbachan Singh ... Appellant versus Lakhbir Singh ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Surinder Sharma, Advocate for the appellant. Mr. Gulzar Mohd., Advocate for the respondent. **** 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 appeal has been filed against the judgment of the Lower Appellate Court reversing that of the Trial Court and thereby decreeing the suit of the respondent for recovery of loan on the basis of a pronote. The only argument made by learned counsel is that the evidence of the respondent-plaintiff was never closed and it was for this reason that the appellant did not lead any evidence. Learned counsel for the respondent though not in a position to contradict this fact, has argued that at least on four occasions the matter had been fixed for defendant's evidence and no evidence has been laid by the defendant. Learned counsel for the appellant has further argued that in that situation it could not RSA No.2808 of 2009 -2- be held that it was only due to the fault of the appellant that evidence was not laid and that the appellant should be granted one opportunity to lead his evidence. In my opinion, it would be appropriate if one opportunity is granted to the appellant for leading his entire evidence on his own responsibility. The judgment and decree of the Courts below are set aside and the matter is remanded back to the Trial Court for fresh decision. This order of remand is subject to costs amounting to Rs.20,000/- to be tendered by way of bank draft in favour of the respondent. Parties through their counsel are directed to appear before the Civil Judge (Sr. Div.) Jalandhar on 19.11.2009, who could keep the case on his own board. He would give one opportunity to the appellant to lead his entire evidence at his own responsibility and thereafter, if necessary, grant one effective opportunity to the respondent for leading any evidence in rebuttal and thereafter, decide the matter. It is made clear that if the appellant does not tender the costs on the date of appearance or does not lead his evidence on the fixed date, this appeal would be deemed to have been dismissed without further reference to this Court. This appeal is allowed in the above said terms. October 14, 2009 (AJAY TEWARI) sonia JUDGE