IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1635/2009 Date of Decision:24.3.2009. Raj Kumar ..........Petitioner. Versus Sawar Kumar @ Sabar Kumar ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Ashok Singla,Advocate for the petitioner/defendant. JASWANT SINGH,J Petitioner-defendant has filed the present revision petition under Article 227 of the Constitution of India challenging the order dated 2.2.2009 passed by the learned Civil Judge (Senior Division) Sangrur, whereby evidence of the petitioner-defendant was closed by order of the Court. It is apparent from the record that respondent-plaintiff filed a suit for recovery of Rs.3,12,200/- on 24.4.2004 alongwith future compound interest. It is also not disputed that despite five opportunities including the last one the petitioner-defendant did not lead any evidence. Learned counsel for the petitioner-defendant, however prays that since no effective proceedings, after the closure of evidence of petitioner- defendant, have taken place, one last effective opportunity be granted to the petitioner to lead his entire evidence at his own responsibility subject to payment of appropriate costs. Reference has been made to the provisions of Rule 3 of Order 17 CPC to contend that the learned trial Court after closure of CR NO.1635/2009 -2- the evidence of the defendant-petitioner was bound to decide the suit forthwith and in the absence of such a step having been taken by it, the petitioner-defendant deserves one opportunity for leading his evidence. The case is now stated to be fixed for 25.3.2009. After hearing the learned counsel for the petitioner, in the interest of justice,I deem it just and expedient to grant one last effective opportunity to the petitioner-defendant to lead his entire evidence on a date to be fixed by the learned trial Court. This shall, however, be subject to payment of costs to be paid to the plaintiff, which are assessed at Rs.5000/-. Resultantly, the present revision petition is allowed, the impugned order dated 2.2.2009 passed by the learned Civil Judge (Sr.Div.)Sangrur, closing the evidence of the petitioner-defendant, is set aside and the defendant is granted one last effective opportunity to lead his entire evidence at his own responsibility, on a date to be fixed by the trial Court. This, shall be subject to payment of costs of Rs.5000/- to be paid to the respondent/plaintiff. This order is being passed without issuing notice to the respondent as it would result in unnecessary delay in the matter and expenses to him. In any case, respondent-plaintiff is being compensated by way of costs. 24.3.2009. (Jaswant Singh) joshi Judge