Civil Revision No.1147 of 2011(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.1147 of 2011(O&M) Decided on : February 28, 2011 Rampal and others ... Petitioners VERSUS Rohtash ... Respondent CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Navneet Singh, Advocate for the petitioners. Mr.Rajesh Lamba, Advocate for the respondent. A.N.JINDAL, J.- The explanation of the Judicial Officer in compliance with the order dated 17.02.2011 is on record. On perusal of the zimini orders as mentioned in the explanation, it transpires that the Court never called for furnishing the list of witnesses and depositing diet money and process fee for summoning them. Even on 27.10.2010, four witnesses of the defendants / petitioners (herein referred to as `the petitioners') were present, but their counsel was not present. In that situation, the Court was bound to call the witnesses on the next date or to provide opportunity to the petitioners to engage a new counsel for examination of the witnesses. On the next date as well i.e. Civil Revision No.1147 of 2011(O&M) [ 2 ] 30.10.2010, the Court did not provide such opportunity to the petitioners to engage a new counsel, if their counsel had not turned up. Under these circumstances, it would be expedient in the interest of justice to provide the petitioners some time to conclude their evidence, subject to payment of costs of Rs.5000/-. Resultantly, this petition is allowed, the impugned order is set aside and the Trial Court is directed to grant three months' time to the petitioners to conclude their evidence and to facilitate the service of witnesses on filing of the list of witnesses, diet money and process fee. However, the Trial Court should ensure directing the parties, before beginning the evidence, to file list of witnesses, diet money, process fee for their service. The costs of Rs.5000/- shall be payable by the defaulting counsel, who had not appeared on behalf of the petitioners on the date fixed for their evidence. February 28, 2011 ( A.N.JINDAL ) `gian' JUDGE