C.R. No.5894 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5894 of 2010 (O&M) Date of Decision: 14.9.2010 Jiwan Kumar ……Petitioner VERSUS Kamal Jindal and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. S.S. Sodhi, Advocate for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 28.8.2010 passed by Addl. Civil Judge (Sr. Division), Malerkotla, thereby closing the evidence of the defendant (petitioner herein). C.R. No.5894 of 2010 (O&M) -2- 2. From the perusal of the impugned order dated 28.8.2010, it seems that defendant’s/petitioner’s evidence was closed on 28.8.2010 on the ground that on 4.6.2010, learned Counsel for the defendant had stated that if defendant fails to lead his evidence on the next date of hearing, it would be deemed as closed. 3. Learned Counsel for the petitioner/defendant states that on 28.8.2010, learned Counsel for the defendant was busy in the Lok Adalat, hence, witnesses could not be examined although witnesses were present. He further states that petitioner/defendant shall pro- duce all the witnesses on the next date fixed by the learned trial Court and shall not seek any adjournment. 4. In the peculiar facts and circumstances of the case, I di- rect that learned trial Court shall fix the date for examination of the defendant’s witnesses. On the date fixed by the learned trial Court, defendant shall produce all the witnesses who shall be examined on the same day and if examination is not complete on the said date, then learned trial Court shall be at liberty to hold day to day hearing or to fix any other date to complete the examination of the witnesses so produced. However, it is made clear that no adjournment shall be granted to the defendant. Petitioner/defendant shall pay Rs.5000/- as costs to the plaintiffs before the next date of listing. 5. Mr. S.S. Sodhi, learned Counsel for the petitioner/defen- dant states that curfew was imposed in Maler Kotla on 13.9.2010 as well as today also curfew is imposed. In view of this, I direct that de- C.R. No.5894 of 2010 (O&M) -3- fendant shall produce copy of this order before the learned trial Court within a week so that learned trial Court may fix any date for the pur- pose of examination of the defendant’s witnesses. 6. Petition is disposed of accordingly. ( ALOK SINGH ) 14th September, 2010 JUDGE ashish