Civil Revision No.1233 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1233 of 2009 Date of Decision:16.04.2009 Sardul Singh ....petititoner Versus Rajender Kaur .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.S.S.Sidhu,Advocate for the petitioner Mr.Manish Bansal, Advocate for the respondent **** RAKESH KUMAR GARG J. This revision petition has been filed by the petitioner- husband against whom the respondent-wife has filed a petition under Section 9 of the Hindu Marriage Act. As per the averments made in this petition, issues in the aforesaid petition were framed by the trial Court on 23.02.2005. Thereafter, respondent-wife led evidence in support of her case and thereafter the petition was listed for recording of the evidence of the petitioner-husband. On 08.10.2008, the petitioner could not appear for his cross-examination as he was suffering from fever and on this account his evidence was closed by order of the Court. Petitioner moved an application for recalling of the order dated 08.10.2008 stating therein the reasons for his non-appearance on the date fixed i.e.08.10.2008. The trial Court vide impugned order dated 03.02.2009 dismissed the application filed by the petitioner for recalling the order dated 08.10.2008. The petitioner-husband has approached this Court by way of the present Civil Revision No.1233 of 2009 2 revision petition challenging the aforesaid orders dated 08.10.2008 and 03.02.2009. After hearing learned counsel for the parties, I deem it appropriate to grant one more opportunity to the petitioner to conclude his evidence subject to payment of costs of Rs.3000/-. The payment of costs shall be a condition precedent for allowing the aforesaid opportunity. The parties shall appear before the trial Court on the date fixed and on that date the trial Court shall fix the date granting one opportunity to the petitioner in compliance of this order. It is made clear that no further opportunity shall be granted to the petitioner and the evidence will be produced at his own risk and responsibility. Revision petition disposed of. (RAKESH KUMAR GARG) JUDGE 16.04.2009 neenu