C.R. No.5887 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5887 of 2010 Date of Decision: 14.9.2010 Vikas and another ……Petitioners VERSUS General Public and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. K.S. Yadav, Advocate for the petitioners. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 19.8.2010 passed by learned Civil Judge (Junior Division), Rewari, thereby rejecting the application of the plaintiffs (petitioners herein) dated 17.8.2010 seeking permission to examine remaining PWs. C.R. No.5887 of 2010 -2- 2. On 17.8.2010, two PWs were examined by the plaintiffs/petitioners, however, rest of the PWs could not be produced on 17.8.2010 and time was sought from the learned trial Court to fix another date for the examination of rest of the PWs. Learned trial Court vide order dated 19.8.2010 refused to grant time to the plain- tiffs/petitioners to produce rest of the PWs and further closed the evi- dence of the plaintiffs. 3. There is a golden rule that none of the party should be granted walkover over the other party. Lis between the parties as far as possible should be decided on merits after granting sufficient op- portunities to both the parties to lead evidence and to place on record every material and to argue the case on merits. Undisputedly, on 17.8.2010, plaintiffs have examined two witnesses and wanted time to examine other witnesses on another date, which was refused by the learned trial Court taking hyper-technical view. 4. In the peculiar facts and circumstances of the case, I di- rect that petitioners/plaintiffs shall be permitted to produce entire wit- nesses before the learned trial Court on the next date fixed by the learned trial Court. Witnesses so produced by the plaintiffs/petitioner shall be examined on the date fixed by the learned trial Court and if examination is not complete on the said date, then learned trial Court shall be at liberty to hold day to day hearing or to fix any other date to complete the examination of the witnesses. However, it is made clear that no adjournment shall be granted to the plaintiffs to produce C.R. No.5887 of 2010 -3- witnesses. Petitioners/plaintiffs shall pay Rs.5000/- as costs to the defendants before the next date of listing which according to the peti- tioners is 17.9.2010. 5. Petition is disposed of accordingly. ( ALOK SINGH ) 14th September, 2010 JUDGE ashish