C.R.No.6740 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6740 of 2009 Date of Decision 23.11.2009 Amit Vashisht ........ Petitioner Versus Rameshwar Narwal and other ........ Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA Present: Mr.Manu K.Bhandari, Advocate, for the petitioner. HEMANT GUPTA, J. The present revision is directed against the order passed by the learned trial court on 15.9.2009, whereby the plaintiff-petitioner's evidence was closed by an order of the Court. Learned counsel for the petitioner has pointed out that infact the witness required to be examined on 15.9.2009, was served for the date fixed but he did not appear. It is also pointed out that witness is a member of Haryana State Civil Services and, therefore, the petitioner could not examine him on the date fixed. It is further prayed that if one opportunity is given to the petitioner, he shall examine the aforesaid witness and also compensate the defendant for the inconvenience if any, caused to the defendants. It is also contended that the plaintiff is infact claiming the possession and, therefore, delay is at his own peril. Learned counsel for the petitioner further pointed out that the case is fixed for 12.12.2009 and the defendant has tendered the examination-in-chief of the witnesses by way of affidavits and such witnesses are to be cross-examined. C.R.No.6740 of 2009 -2- In view of the aforesaid circumstances, the plaintiff-petitioner is permitted to examine his witnesses including the witness summoned for 15.9.2009 on 12.12.2009, subject to payment of Rs.1000/- as costs. It shall be the responsibility of the petitioner to produce his entire evidence o the aforesaid date. However, it shall be open to the petitioner to take assistance of the Court to secure the presence but non-appearance of the served witness or any other reason shall not be a ground for grant of another opportunity. If the evidence is present, the court shall complete the examination of the aforesaid witnesses and thereafter, proceed with the cross-examination of the defendant witnesses on the said date itself or on any subsequent date. The present revision petition stands disposed of. November 23, 2009 (HEMANT GUPTA) rishu JUDGE