C.R. No. 1674 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1674 of 2010 Date of decision: 12.08.2010 S. Rajinder Singh .....Petitioner Versus Smt. Lakho @ Lakhwinder Kaur ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. M.K. Bhatnagar, Advocate, for the petitioner. VINOD K.SHARMA, J. (ORAL) Notice issued to the respondent at the given address was received back for want of correct address. Fresh notice could not be issued to the respondent for want of correct address. The contention of the learned counsel for the petitioner is that the given address of the respondent is to be treated to be correct for service of notice, therefore, the respondent is deemed to have been served. The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 25.11.2009, passed by the learned Civil Judge (Junior Division), Amritsar, vide which the evidence of the petitioner was ordered to be closed by passing the following order: - “No evidence of the plaintiff is present. Today is the last opportunity for this purpose. Perusal of the file shows that the plaintiff has availed more than sufficient effective opportunities, including the opportunity, for leading the evidence but he has failed to conclude the same so far. Heard. In view of the above said facts & circumstances, I C.R. No. 1674 of 2010 -2- find no justification to adjourn this case for this very purpose. Hence, evidence of the plaintiff is closed by order. Now to come up on 15.12.09 for evidence of the defendant.” Learned counsel for the petitioner does not contest the case on merits and prays that in the interest of justice, the petitioner be granted one last opportunity to conclude his entire evidence, subject to payment of costs. In view of the stand taken by the learned counsel for the petitioner, this Court feels that it would be in the interest of justice if the petitioner is granted one last opportunity to conclude his entire evidence at his 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 12, 2010 R.S.