CR No.907 of 2010 1 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH CR No.907 of 2010 Date of Decision: 09.07.2010 Jit Kaur ..Petitioner Vs. Dayal Singh & Ors. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.G.S.Sandhawalia, Advocate, for the petitioner. Mr.Gulzar Mohd., Advocate, for the respondents. --- Vinod K.Sharma,J. (Oral) This revision petition is directed against the order dated 15.12.2009, passed by the learned Civil Judge (Junior Division), Jalandhar, vide which the evidence of the petitioner has been ordered to be closed. The impugned order reads as under: “ Costs paid to counsel for the respondent. Pursuant of the order dated 27.8.2009 applicant was afforded one last opportunity to conclude the evidence subject to payment of Rs.5000/- as costs. AW 5, AW 6 and AW 7 examined CR No.907 of 2010 2 completely. Process issued against registration clerk SK Gautam Advocate and Ahlmad to the court of Sh.P.S.Sharma CJJD, Jalandhar received back executed, but witnesses have not turn up. Counsel for the applicant has sought adjournment for examination of witnesses who could not turn up despite service of process. But vide order dated 27.8.2009 passed by the Hon'ble High Court applicant was granted only one opportunity her own risk to complete the evidence which has been granted for today. Dasti process was given to the applicant to summon the officials witness, but they did not turn up for examination. In the light of specific imports of order dated 27.8.2009, the applicant has granted last opportunity which was afforded to her. Keeping in view of the spirit of the order dated 27.8.2009 passed by Hon'ble High Court one last opportunity was granted to the applicant. Therefore evidence of the applicant is closed by order. Now to come up on 22.2.2010 for entire evidence of the respondent.” It is not in dispute, that the evidence of the petitioner was earlier also closed by order. The petitioner had challenged the order passed by the learned trial court closing his evidence by invoking the revisional jurisdiction of this court. Revision petition filed by the petitioner was allowed in the interest of justice by granting one last opportunity to the petitioner to CR No.907 of 2010 3 conclude her entire evidence on the date to be fixed by the learned trial court subject to payment of costs. The impugned order shows, that the petitioner paid the costs and also took steps to examine the witnesses and also summoned the official witnesses. Witnesses were examined. However, the summoned witnesses though served, chose not to appear in the court thereby disobeying the orders passed by the court. The learned trial court in stead of taking coercive action against the witnesses who had chosen to defy the order of the court, closed the evidence of the petitioner in view of the fact, that only one opportunity was allowed by this court. The petitioner had taken all necessary steps to examine the witnesses on the date fixed and it was the official witnesses who in spite of service had chosen to remain absent. No fault, therefore, could be found with the act of the petitioner. Therefore, in peculiar facts and circumstances of the case, I grant one more opportunity to the petitioner to examine summoned witnesses only. The position would have been different if the petitioner had not taken necessary steps to summon those witnesses or service was not effected on them. For the reasons stated, this revision petition is allowed. The impugned order is set aside. The learned trial court is directed to use coercive method to get the presence of the witnesses, who were duly summoned and served. The petitioner, however, would not be entitled to examine any other witness. CR No.907 of 2010 4 The learned trial court shall take coercive steps by issuing bailable/non-bailable warrants to have the presence of witnesses who were duly served and had chosen to disobey the order of the court in not presenting themselves for examination, in view of the fact that the petitioner had no control over their presence. No costs. 09.07.2010 (Vinod K.Sharma) rs/rp Judge