C.R. No. 5155 of 2010 -1- ***** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5155 of 2010 Date of Decision : 17.08.2010 Pawan Kumar .......... Petitioner Versus Mohan Lal ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. G.P. Singh, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the supervisory jurisdiction of this Court under Article 227of the Constitution of India, to challenge the order dated 17.5.2010, passed by the learned Civil Judge (Jr. Div.), Fazilka, vide which the evidence of the petitioner has been closed. The impugned order reads as under :- “Statement of DW-1, DW-2 and DW-3 recorded in chief. Their cross examination are deferred on the request of proxy counsel for plaintiff. No other DW is present despite being the last opportunity for the same purpose. As such except of cross examination of DW-1, DW-2 and DW-3 remaining evidence of the defendant is closed by order. For cross examination of DW-1 and DW-2 to come up on 5.6.2010.” C.R. No. 5155 of 2010 -2- ***** The learned counsel for the petitioner does not press this revision petition on merit, and prays that petitioner be granted one last opportunity to conclude his entire evidence at his own risk and responsibility. In view of the stand taken by the learned counsel for the petitioner, without going into the merits of the case, I feel that interest of justice would be served, if the petitioner is granted one last opportunity to conclude his entire evidence on payment of costs. Accordingly, the present revision is allowed, the impugned order is set aside and 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. However, this shall be subject to payment of Rs. 5000/- (Rupees five thousand only) as costs. 17.08.2010 (VINOD K. SHARMA) 'sp' JUDGE