Civil Revision No. 6633 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6633 of 2009 Date of decision: 13th November, 2009 Ujjagar Singh ......Petitioner Versus Hardayal Singh .....Respondent. Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Nand Lal Sammi, Advocate for the petitioner. Rajive Bhalla, J.(Oral) The petitioner challenges an order dated 14.10.2009, passed by the Civil Judge (Junior Division), Patiala, closing the petitioner's evidence by order. Counsel for the petitioner submits that the petitioner commenced his evidence on 17.04.2009. However, as he could not conclude his evidence, it was closed by order dated 14.10.2009. It is prayed that though the petitioner may have been remiss in his obligation to lead evidence expeditiously but as closure of his evidence would lead to serious prejudice, a last opportunity may be granted to the petitioner to lead his entire evidence, on a date to be fixed by the trial court, subject to payment of costs. I have heard counsel for the petitioner and perused the impugned order. The petitioner commenced his evidence on 17.04.2009. His evidence has been closed by order dated 14.10.2009. Civil Revision No. 6633 of 2009 2 Though the petitioner was required to lead his evidence expeditiously, the closure of his evidence by order may lead to serious prejudice. As such in the interest of justice one last opportunity would have to be granted to the petitioner to lead his entire evidence. As a consequence, the revision petition is allowed, the order dated 14.10.2009 is set aside and the trial court is directed to grant one last opportunity to the petitioner to lead his entire evidence at his own risk and responsibility, 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. Notice is not being issued to the respondents as it would lead to further delay. However, in case the respondents are aggrieved in any manner, liberty is granted to pray for recalling of this order. [RAJIVE BHALLA] JUDGE 13th November, 2009 Shivani Kaushik