Civil Revision No.5345 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5345 of 2010 (O&M) Date of decision: 24.08.2010 Gurpreet Singh and another .....Petitioners Versus Bant Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. J.S. Arora, Advocate, for the petitioners. VINOD K.SHARMA, J. (ORAL) The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 26.5.2010, passed by the learned Civil Judge (Junior Division), Khanna, vide which the evidence of the petitioners was ordered to be closed by passing the following order: - “Sh. Gurpreet Singh stated that his counsel Sh. S.P. Shori is hospitalized on the other hand Ld. Counsel for defendant stated that plaintiff has suffered statement on 28.1.2009 to conclude evidence or his evidence shall be deemed to be closed. Eight opportunities and one & half year has passed since then Ld. Counsel may be ill today, but it does not justify the default on eight occasion. The evidence of the plaintiff is closed adjourned to 31.07.10 for evidence of defendant PF/DM list of DW's be filed within seven days.” Learned counsel for the petitioners does not contest the case on merits and prays that in the interest of justice, the petitioners be granted one last opportunity to conclude their entire evidence, subject to Civil Revision No.5345 of 2010 (O&M) -2- payment of costs. In view of the stand taken by the learned counsel for the petitioners, this Court feels that it would be in the interest of justice if the petitioners are granted one last opportunity to conclude their entire evidence at their own risk and responsibility on the date to be fixed by the learned trial Court. “Ordered accordingly.” However, this shall be subject to payment of Rs.5,000/- (Rupees five thousand only) as costs. Disposed off. (Vinod K. Sharma) Judge August 24, 2010 R.S.