C.R. No.952 of 2007 Om Parkash Vs. Sarda Ram. **** Present:- Mr.Krishan Singh,Advocate for the petitioner. **** As per office report, service is complete. However, no one appears on behalf of the respondent. This revision petition is directed against the order dated 9.2.2007 passed by the learned Additional Civil Judge (Sr. Division), Jagadhri, whereby the petitioner/defendant's evidence has been ordered to be closed. The learned trial Court has observed in the impugned order that three opportunities provided under Order 17 Rule 1of the Code of Civil Procedure have already been availed by the petitioner to lead his evidence but neither did he file the list of witnesses nor deposit the diet money to summon them. After hearing learned counsel for the petitioner and upon perusal of the impugned order, I am of the considered view that though the petitioner has been careless and negligent in adducing his evidence, however, no un-`measurable prejudice shall be caused to the respondent- plaintiff, if one more opportunity is granted to the petitioner to lead his evidence. Ordered accordingly. With a view to ensure that the petitioner does not delay the disposal of the suit, it is directed that all the witnesses shall be produced by the petitioner on his own responsibility and if it is not possible to record the C.R. No.952 of 2007 -2- statement of all such witnesses on one date then only the second date for the petitioner's evidence shall be fixed. The aforesaid opportunity shall be granted to the petitioner subject to the further condition that he shall pay a costs of Rs.1000/- to the respondent/plaintiff on the date fixed. The civil revision petition is disposed of in the above terms. ( SURYA KANT ) January 11,2008. JUDGE Reema