Civil Revision No. 2276 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 2276 of 2009 (O&M) Date of decision : 1.5.2009 M/s Parkash Agro ..... Petitioner vs M/s Gupta Roller Flour Mills Ara Road, Moga ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sugreev Kapoor, Advocate, for the petitioner. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside of order dated 18.3.2009 passed by the learned court below, whereby evidence of the petitioner/defendant was closed by order of the court. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent, as the same would unnecessarily delay not only the disposal of the present petition but also the suit as well. The proceedings in the present case arise out of a suit for declaration filed by the respondent/plaintiff. Learned counsel for the petitioner submitted that the petitioner/defendant could not lead evidence on the date when the impugned order was passed as he was not well. Medical certificate in this regard has also been placed on record as Annexure P-2. Learned counsel submitted that it is a suit for recovery filed by the respondent/plaintiff against the petitioner and if no opportunity is given to him, he will suffer irreparable loss and prayed that in case one opportunity is granted, the petitioner will complete his entire evidence on the date fixed as he has to produce only Sanjay Kumar Aggarwal as witness. The facts submitted by the learned counsel for the petitioner are borne out from the record. The case is stated to be fixed for hearing on 11.6.2009. It is not a case where the petitioner was at fault for not producing the witness but due to his ill health, he could not depose in the court. Civil Revision No. 2276 of 2009 (2) Accordingly, while setting aside the impugned order dated 18.3.2009, closing the evidence of the petitioner, the learned court below is directed to grant one opportunity to the petitioner for completing evidence on the date to be fixed by the court. The same shall be subject to payment of Rs. 2,500/- as costs to the respondent/plaintiff. It is, however, made clear that no further opportunity shall be granted in case the petitioner fails to complete the entire evidence on the date fixed. The revision petition is disposed of in the manner indicated above. 1.5.2009 ( Rajesh Bindal) vs. Judge