CR No. 958 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 958 of 2009 Date of decision February 24, 2009 M/s R. N. Highways (P) Ltd. ....... Petitioner Versus M/s Basera Promoters & Hotels (P) Ltd. ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Kanwaljit Singh, Sr. Advocate with Mr. Harminder Singh, Advocate for the petitioner . **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. Having regard to the nature of the order which is proposed to be passed, I dispense with the notice to the respondent. 2. The tenant is aggrieved against the order of closure of his evidence on the failure of the party to be present in the Court when it was posted. The learned Sr. counsel appearing on behalf of the revision petitioner points out to the fact that the petition itself had been filed only on 15.12.2007 and the landlord's evidence was commenced from 28.8.2008 and closed on 5.9.2008. It was posted for evidence on the side of the tenant on 29.10.2008 and the case stood adjourned to 17.11.2008 when one witness was examined. It was again posted on 15.12.2008 but the tenant could not produce his evidence on that day. The Rent Controller directed costs to be paid and adjourned the case to 9.1.2009. On 9.1.2009 CR No. 958 of 2009 2 neither the counsel nor the tenant's witness was present and a representation had been made by a proxy counsel on behalf of the counsel for the tenant that on account of the transporter's strike he could not come. The Rent Controller closed evidence on the side of the tenant and directed rebuttal evidence, if any, to be tendered. 3. While a desire for quick disposal is always appreciated, it should never be seen like it is hurried to be an advantage of one party and to the detriment of the other. The Rent Controller ought to have examined the cause for inability of the party to be present and it will be travesty of justice if a reasonable opportunity is not given to a party to tender all the evidence that he wants to place before the Court. I do not find a justification for the Rent Controller to close the side of the tenant on the day when the proxy counsel made a representation in Court and explained the cause for inability to appear. All that the tenant requires is that he be afforded adequate opportunity to tender all the evidence that he deems necessary to support his defence. 4. The order of the Rent Controller is set aside and the tenant shall be given an opportunity to tender his evidence on the day fixed. I am informed that the case is posted for 2.3.2009 for tendering evidence of the landlord. On that day or to any other date or dates that the Rent Controller may fix, the tenant shall give his evidence and after he declares that he had concluded his evidence, his evidence be closed and posted for evidence of the landlord. 5. The Civil revision petition is disposed of in the above terms. (K. KANNAN) JUDGE February 24 , 2009 archana