C.R. No. 5549 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5549 of 2009 (O&M) Date of Decision : 24.9.2009 Ashok Kumar & others .......... Petitioners Versus Surjit Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Ms. Santosh Sarangal, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 22838-CII of 2009 This is an application for exemption from filing certified copies of Annexures P-1 to P-3 and to place photocopies. For the reasons stated in the application, C.M. is allowed, the filing of certified copies of Annexures P-1 to P-3, is dispensed with and their photocopies are taken on record. C. R. No. 5549 of 2009 This revision petition is directed against the order dated 3.9.2009, passed by the learned Civil Judge ( Jr. Divn.), Anandpur Sahib closing the evidence of the petitioners as they failed to lead evidence in spite of availing number of opportunities. The order passed by the learned trial Court reads as under :- “DW2 whose, affidavit already tendered have not come present for his cross examination despite grant of last opportunity. Previous costs also paid. I C.R. No. 5549 of 2009 2 have gone through the case. This case is fixed for evidence of defendance since 25.2.2008 and since then, 8 effective opportunities have already been granted to the defendants to lead and conclude its evidence but the defendants have failed to conclude its evidence, without any justifiable cause. As such, no justification is made out to grant further opportunity to defendant to lead its evidence and the same is hereby closed by order. To come up on 8.10.2009 for rebuttal evidence, if any, and for arguments ” The learned counsel for the petitioner does not challenge the order on merit and prays that in the interest of justice, the petitioners may be granted one last opportunity to conclude their entire evidence at their own risk and responsibility. In view of the stand taken by the learned counsel for the petitioners and without going into the merits of the case, I feel that interest of justice would be served 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. 5000/- (Rupees five thousand only) as costs. 24.9.2009 ( VINOD K. SHARMA ) 'sp' JUDGE