Civil Revision No.2056 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2056 of 2008 Date of Decision:02.04.2009 Harjinder Singh ....petitioner Versus Amro & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.G.S.Bhatti, Advocate for the petitioner Mr.R.N.Lohan,Advocate for the respondent ***** This is plaintiff's revision petition challenging the order dated 24.01.2008 passed by learned Civil Judge(Sr.Divn.)Nawanshahar, whereby evidence of the plaintiff/petitioner was closed by order. Challenging the aforesaid order, counsel for the petitioner has vehemently argued that vide order dated 05.10.2007 case was adjourned to 24.01.2008 for cross-examination of PW Mandhir Singh however he could not be cross-examined due to the fact that on the date fixed the aforesaid witness was in judicial custody as he was arrested in a criminal case on 17.12.2007 and was released only on 19.02.2008 and thus it was beyond the control of the petitioner to produce his evidence on the date fixed and therefore the impugned order cannot be sustained and is liable to be set aside. Learned counsel for the respondent has supported the impugned order by arguing that numerous opportunities have already been granted to the petitioner for leading his evidence and he has failed to complete his evidence. Civil Revision No.2056 of 2008 2 However the fact that the witness of the petitioner Mandhir Singh was in judicial custody on the date of the impugned order, is not disputed. It is also not in dispute that now the case is fixed for defendants' evidence. Thus, keeping in view the facts and circumstances of the case, I deem it appropriate to allow one opportunity to the petitioner to lead his evidence by producing aforesaid PW Mandhir Singh on the date fixed before the trial Court i.e. 06.04.2009 at his own risk and responsibility subject to payment of costs of Rs.2000/-. It is made clear that the costs shall be condition precedent for allowing the opportunity. It is also made clear that it will be the responsibility of the petitioner to bring his evidence on his own and in any case no further opportunity shall be granted to the petitioner. With the aforesaid observations, civil revision is disposed of. Copy of the order be given dasti on payment of usual charges. (RAKESH KUMAR GARG) JUDGE 02.04.2009 neenu