C.R. No.6435 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.6435 of 2010 (O&M) Date of Decision: 4.10.2010 Raj ……Petitioner VERSUS Maskin Masih and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. R.K. Arya, Advocate for the petitioner. 1. Whether Reporters of local papers 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? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 20.9.2010 passed by learned Addl. Civil Judge (Sr. Divi- sion), Gurdaspur, whereby adjournment sought by the de- fendant was refused and evidence of the defendant/peti- tioner herein was closed. 2. Learned Counsel for the petitioner states that defendant shall produce all the witnesses for the examination on such date as fixed by this Court or by the learned trial C.R. No.6435 of 2010 (O&M) -2- Court. Learned Counsel for the petitioner further states that no adjournment shall be sought. 3. In the opinion of this Court, present petition can be dis- posed of without any notice to the respondent. 4. Keeping in mind the golden rule that none of the parties should be given walkover and lis between the parties, as far as possible, should be decided at its own merit after giving sufficient opportunities to both the parties to place on record entire evidence and material, in the peculiar facts and circumstances of the case, I direct learned trial Court to fix any date for the defendant’s remaining evi- dence. On the date so fixed by the learned trial Court, defendant shall produce all the witnesses before the learned trial Court. If examination is not complete on the said date, then learned trial Court shall be at liberty to hold day to day trial or to fix any other date which is con- venient to the learned trial Court to complete the exami- nation of the witnesses. However, it is made clear that no adjournment shall be granted to the defendant to produce witnesses. Petitioner/defendant shall pay Rs.5000/- as costs to the plaintiffs/respondents. 5. Petition stands disposed of accordingly. C.R. No.6435 of 2010 (O&M) -3- ( ALOK SINGH ) 04th October, 2010 JUDGE ashish