C.R. No. 4976 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 4976 of 2010 Date of Decision: 10.08.2010 Marble Tea Estate India Limited .... Petitioner Versus Karta Ram and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present :- Mr. Jaswant Jain, Advocate for the petitioner ALOK SINGH, J. (ORAL) By way of present petition, petitioner is challenging order dated 19.7.2010 whereby evidence of the defendant was closed on the ground that despite of repeated opportunities defendant failed to produce evidence and also failed to pay the cost imposed by the Court below. Learned counsel for the petitioner vehemently argued that now case is listed for 16.8.2010 and on 16.8.2010 defendant shall adduce and produce all his evidence and witnesses and plaintiff can be compensated by way of cost. Although no good ground is shown for not producing/adducing the evidence/witnesses on the dates fixed time to time, however, in the opinion of this Court, in the interest of justice last opportunity should be granted to the defendant/petitioner to produce all the witnesses/evidence before the trial Court on the date already fixed i.e. 16.8.2010. If defendant produces his witnesses and C.R. No. 4976 of 2010 2 evidence on the date already fixed i.e. 16.8.2010, he shall be permitted to do so on payment of cost of Rs. 25,000/- to the plaintiff as well as cost already imposed by the Court below. It is made clear that no further adjournment shall be granted to the defendant for the purpose of adducing evidence. If witnesses are produced, all these witnesses shall be examined on day to day basis or on any such date as fixed by learned trial Court. However, no adjournment shall be granted by the trial Court for this purpose. Petitioner shall produce copy of this order before the trial Court with a copy to the other side before the date fixed. (ALOK SINGH) 10.08.2010 JUDGE reena