IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2527 of 2011 Date of decision: 19.4.2011 Kulwant Singh and others … Petitioners versus S.P.Singh, Adm.Commandant, Station Head Quarter, Ferozepur Cantt. and another … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mrs . G.K.Mann, Advocate, for Mr. Kulbhushan Soi, Advocate for the petitioners ... ARVIND KUMAR, J: The present petitioners are the plaintiffs in the suit for declaration. They are aggrieved with the order dated 9.2.2011 by virtue of which their evidence has been closed by order of the Court. The facts are that at the time of framing of issues, the plaintiffs-petitioners were directed to file list of witnesses on furnishing of process-fee/diet money etc. Petitioners though filed an application on 10.4.2008 for summoning the Record-keeper from the office of Tehsildar, Ferozepur, who remained unexamined till 9.8.2010 on which date, it was the last opportunity and on the undertaking given by one of the plaintiffs and their counsel, one more opportunity was granted to them to conclude their evidence on the next date of hearing failing which their evidence was deemed to have been closed. Case was adjourned to 27.10.2010 for entire evidence of the plaintiffs at their own responsibility. The Court did not function on 27.10.2010 and thus, in routine the case was further adjourned to 9.2.2011 when petitioners' evidence was closed by order of the Court. Hence, the present revision by them. Heard. C.R. No. 2527 of 2011 -2- The undertaking of the petitioners was was to conclude evidence on 27.10.2010 at their own responsibility but the Court did not function on that date as the file was taken up by the Presiding Officer on 21.10.2010 for further adjourning the case to 9.2.2011 and as such, the Record-keeper of the office of Tehsildar, Ferozepur, could not be summoned. Now counsel for the petitioners undertakes that though the Record-keeper from the office of Tehsildar, Ferozepur, is an official witness and is to be summoned but they will produce him at their own responsibility as earlier undertaken in this regard. In view of this, the impugned order passed by the trial Court cannot be sustained in the eyes of law and is accordingly set aside with a direction to the trial Court to grant one last opportunity to the petitioners to produce the witness named above at their own responsibility, on a date to be fixed by the trial Court for the purpose. However, this shall be subject to payment of costs of Rs.2000/- to be paid to the opposite party. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. The petition stands disposed of accordingly. April 19, 2011 ( ARVIND KUMAR ) JS JUDGE