CR No.3307 of 2010 1 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3307 of 2010 (O&M) Date of Decision: 10.08.2010 Satpal Singh ..Petitioner Vs. Lekh Ram & Ors. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.Kunal Dawar, Advocate, for the petitioner. Mr.Adarsh Jain, Advocate, for respondents No.1 to 6. --- Vinod K.Sharma,J. (Oral) The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India challenging the order dated 8.05.2010, vide which evidence of the petitioner was ordered to be closed. The impugned order reads as under:- “ Three witnesses of defendant present and examined. No other witness of defendant is present today despite last opportunity. Counsel for the defendants as sought an adjournment which is highly opposed. Heard. As today is the last opportunity for the evidence of defendant, therefore, the evidence of defendant is closed by the court order. Now to CR No.3307 of 2010 2 come upon 18.05.2010 for rebuttal evidence if any and for arguments. CR No.3307 of 2010 2 Learned counsel for the petitioner does not challenge this order on merit and prays that in the interest of justice, he be granted opportunities to lead evidence. The petitioner was not given adequate opportunity to conclude his evidence. In spite of the fact, that all necessary steps were taken by the petitioner to summon the official witnesses, who were not served, for no fault of the petitioner. In view of the stand taken by the learned counsel for the petitioner, and in view of the peculiar facts and circumstances of the case this revision is allowed. Impugned order is set aside. Learned trial court is directed to grant two more effective opportunities to the petitioner to conclude his entire evidence. Learned trial court is also directed to give assistance to the petitioner to serve the official witnesses. It is made clear that it would be the responsibility of the petitioner to serve the official witnesses. In case, in spite of service official witnesses do not come present to depose, then the court would be at liberty to take coercive method. The two opportunities granted shall be subject to payment of costs of Rs.2000/- (Rupees two thousand only). (Vinod K.Sharma) 10.08.2010 Judge rp