Civil Revision No.670 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.670 of 2009 Date of Decision:09.07.2009 Baljinder Singh son of Jarnail Singh .....Petitioner versus Karam Chand and others .....Respondents CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL. Present: Mr.I.S.Brar, Advocate, for the petitioner. Mr.Ashok Singla, Advocate, for respondent Nos.1 and 3. **** AJAY KUMAR MITTAL, J.(Oral) In this petition filed under Article 227 of the Constitution of India, the defendant-petitioner has assailed the order dated 22.12.2008 passed by the Additional District Judge, Faridkot, whereby an application filed by him for leading additional evidence by summoning certain witnesses i.e., (i) defendant/appellants themselves, (ii) DW1 Piara Singh, (iii) Panchayat Secretary of village Panj Grain Kalan, Tehsil and District, Faridkot, (iv) Revenue Patwari-II, Halqa Panj Grain Kalan, Tehsil and District Faridkot, (v) Official of the Sub-Divisional Engineer, Construction Sub Division-IV, PWD (B&R) has been declined by the lower appellate Court. The lower appellate Court while declining the application of the petitioner in para nos.4 and 5 of its order has noticed as under:- “4. Heard. Trial Court file would show that first date for the defendants to lead evidence was 01.08.2005. Till 15.09.2006, they availed of 11 opportunities to lead evidence and no witness was summoned till then. On Civil Revision No.670 of 2009 2 15.09.2006 an application was filed for the appointment of a local commissioner which was disposed of vide order dated 05.04.2007. After that the defendants again availed of three clear opportunities to lead evidence. Thus after availing of 14 clear opportunities to lead evidence the defendants filed an application to summon the witnesses which the defendants/appellants want to summon at this stage. On 27.07.2007 the case was adjourned to 17.08.2007 and last opportunity was also granted. On that date, i.e., 17.08.2007 no DW was produced and last opportunity was again granted for 17.09.2007 and last opportunity continued till 13.12.2007 i.e. during this period the defendants availed off four clear opportunities. On 13.12.2007 special last opportunity was granted for 24.01.2008 and on that date i.e. 24.01.2008 no DW was present and the evidence was closed by order. 5. Even on 09.02.2008 when the suit was disposed of an application filed by the defendants for permission to lead evidence was also declined vide separate order”. No illegality or perversity could be pointed out by the learned counsel for the petitioner in the aforesaid order dated 22.12.2008 passed by the Additional District Judge, Faridkot, warranting interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. Accordingly, there is no merit in the present revision petition and the same is hereby dismissed. July 09, 2009 (AJAY KUMAR MITTAL) seema JUDGE