IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6861 of 2011 (O&M) Date of decision:- 09.11.2011 Brijesh Kapoor ...Petitioner Versus Jagir Ram and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Munish Jolly, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the order dated 17.10.2011 passed by learned Civil Judge (Jr. Divn) Rajpura whereby the evidence of the defendant has been closed. Learned counsel for the petitioner has submitted that the dispute relates to counter claim for specific performance of the agreement to sell dated 19.11.2004 wherein it was specifically stated that the plaintiffs had in all received ` 9,50,000/-. Reference has been made to Annexure P-5 whereby list of three witnesses namely (concerned Clerk/official of Indian Overseas Bank, Nawdeep Gupta, Document Expert and concerned clerk/official of Axis bank) was given to the Court on 23.02.2011 which were to be examined. ` 950/- was deposited as diet money. Learned counsel for the petitioner has submitted that despite the list of witnesses and depositing of the diet money i.e ` 950/- , none of the above said three witnesses was ever summoned by the trial Court but on 16.09.2011 the learned Civil Judge (Jr. Divn.) directed production of defence witnesses on 17.09.2011 at own responsibility subject to last opportunity Learned counsel for the petitioner has submitted that petitioner wants to produce the above said witnesses to prove that he had made the earnest payment to the plaintiff in pursuance of the agreement to sell dated 19.11.2004. Learned counsel for the petitioner wants to place on record the documents received from the respective banks, which clearly shows that petitioner has given ` 9,00,000/- through cheque. In view of the above, order dated 17.10.2011 passed by learned Civil Judge (Jr. Divn) Rajpura is set aside and petitioner is granted one more opportunity to place on record the documents issued by the bank to show that he had given ` 9,00,000/- to the plaintiff through cheque. Accordingly, civil revision is allowed with costs of ` 3,000/-. November 09, 2011 ( RITU BAHRI ) G.Arora JUDGE