C.R. No.1364 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1364 of 2008 Date of Decision: 4.3.2008 Sawinder Singh .....Petitioner Vs. Jaspal Singh @ Goga ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.K.S. Rekhi, Advocate for the petitioner. ... RAJIVE BHALLA, J (Oral) Prayer in this revision is for setting aside the order dated 26.2.2008, whereby the Civil Judge (Junior Division), Amritsar, has closed the petitioner's evidence by order. Counsel for the petitioner submits that the petitioner has already filed an affidavit of PW-1 Ajit Singh S/o Darshan Singh but as the said witness could not appear on account of certain personal difficulty, the learned trial Court closed the petitioner's evidence by order. I have heard learned counsel for the petitioner and perused the impugned order. PW-1 Ajit Singh has already filed his affidavit. All that remains is his cross-examination by the respondent/defendant. In this view of the matter, the learned trial Court should have passed a pre-emptory order before proceeding to close the petitioner's evidence by order. Consequently, the revision petition is allowed and the order C.R. No.1364 of 2008 2 dated 26.2.2008 is set aside. The petitioner is granted one effective opportunity, to produce Ajit Singh s/o Darshan Singh for his cross- examination, subject to payment of Rs.5,000/- as costs. Notice has not been issued to the respondent, as it would entail unnecessary wastage of time as also expense. Even otherwise, the respondent is being compensated with costs. In case, the respondent has any grievance, he may move an application for recalling of this order. Disposed of accordingly. 4.3.2008 ( RAJIVE BHALLA ) GS JUDGE