Civil Revision No.7762 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7762 of 2011 Date of Decision : 15.12.2011 Sukhwinder Pal Singh .......Petitioner Versus Bhupinder Kaur .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Vinod Khunger, Advocate, for the petitioner. **** JITENDRA CHAUHAN, J. (ORAL) The petitioner-defendant has invoked the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India, impugning the order dated 1.12.2011, whereby the evidence of the petitioner-defendant has been closed by order. The learned counsel for the petitioner contends that the plaintiff respondent closed his evidence on 2.6.2011, after availing 7-8 opportunities, and the case was fixed for 22.7.2011 for evidence of the defendant-petitioner. Thereafter, the matter came up before the learned trial Court on 18.8.2011 and 3.10.2011. On 3.10.2011, three DWs tendered their examination-in-chief by way of affidavits and the case was adjourned to 1.11.2011 for cross-examination of these three DWs. 1 Civil Revision No.7762 of 2011 On 1.11.2011, three DWs were cross-examined and the case was adjourned to 1.12.2011 for remaining DWs by granting last opportunity. It is further contended that as the petitioner-defendant denied the execution of the agreement in question, he wanted to examine the Handwriting Expert. On 23.11.2011 and 30.11.2011, one Handwriting Expert had been brought by the petitioner to take photographs of the disputed signatures appearing on the agreement for comparison with the standard signatures, however, the Presiding Officer being on leave, the permission could not be obtained. On 1.12.2011, the impugned order was passed, whereby, the evidence of the petitioner-defendant was closed by order. Without adverting to the merits of the present case, this Court feels that in order to advance the cause of justice, one last opportunity deserves to be granted to the petitioner-defendant to adduce his evidence. Accordingly, the present revision petition is allowed; the impugned order dated 01.12.2011 is set aside; and the petitioner- defendant is granted one last effective opportunity to adduce his evidence on the date to be fixed by the learned trial Court. However, the same shall be subject to the payment of `10,000/- as cost. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2