CR No. 7215 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7215 of 2011 Date of Decision:25.11.2011 Deepinder Singh Sookhy Basant ....Petitioner. Versus Harjinder Singh and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Anil Chawla, Advocate for the petitioner. AJAY KUMAR MITTAL, J. 1. In this revision petition filed by the plaintiff-petitioner under Article 227 of the Constitution of India, challenge is to the orders dated 16.9.2011 passed by the trial court whereby his evidence has been closed by order of the Court and dated 31.10.2011 vide which the application for grant of one opportunity to tender evidence was dismissed. 2. Learned counsel for the petitioner submitted that the plaintiff-petitioner has concluded his evidence, however, after the application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint was allowed, the affidavit of the petitioner could not be tendered. Learned counsel further submitted that the said evidence could not be produced due to certain unavoidable circumstances and in the interest of justice, one opportunity may be CR No. 7215 of 2011 -2- granted to the petitioner to lead his entire evidence and the defendant- respondent No.1 can be compensated by way of costs. He further submitted that the petitioner will conclude his entire evidence at his own risk and responsibility on the date to be fixed by the trial court. 3. Ordinarily, I would have issued notice of motion to the respondents which would prolong the case and entail unnecessary expenses to them. Therefore, the present petition is being disposed of without issuing notice of motion to the respondents. 4. After hearing learned counsel for the plaintiff-petitioner and in the facts and circumstances of the present case, this Court is satisfied that in the interest of justice the petitioner deserves to be granted one opportunity to conclude his entire evidence. Accordingly, the revision petition is disposed of with a direction that the petitioner shall be granted one opportunity to lead his entire evidence on the date to be fixed by the trial court at his own risk and responsibility and subject to payment of Rs.3,000/- to the defendant-respondent No.1 as costs. 5. It is, however, made clear that in case the petitioner fails to conclude his entire evidence on the date to be fixed by the trial court or to pay the costs, as stipulated above, this revision petition shall be deemed to have been dismissed. November 25, 2011 (AJAY KUMAR MITTAL) gbs JUDGE