C.R.No.1283 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.R. No. 1283 of 2011 Date of Decision: February 24,2011 Sukhbiri ..........Petitioner Versus Madan Gopal and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.R.A.Sheoran, Advocate for the petitioner ** Sabina, J. Plaintiff had filed a suit for mandatory injunction. After the pleadings were completed, issues were framed by the trial Court on the pleadings of parties on 6.2.2010. On 20.5.2010, plaintiff tendered affidavits of two witnesses and their cross-examination was deferred. The affidavit of the plaintiff had not been tendered by the counsel for the plaintiff. Thereafter, an application was moved by the plaintiff for permission to lead additional evidence. The said application was dismissed vide impugned order dated 13.1.2011 by the trial Court. Hence, the present petition. Learned counsel for the petitioner has submitted that the affidavit of the plaintiff was prepared on 20.5.2010 and was got attested C.R.No.1283 of 2011 2 on the same date. The same could not be tendered in evidence on May, 2010 along with the affidavits of other witnesses due to inadvertence. Now, the case is listed before the trial Court on 31.3.2011 for defence evidence. Petitioner-plaintiff shall appear on the said date as a witness. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Learned counsel for the petitioner has shown photocopy of the affidavit of the petitioner which was got attested on 20.5.2010. It appears that due to inadvertence, the affidavit of the petitioner could not be tendered in evidence on 20.5.2010 along with the affidavits of other witnesses. In case, the petitioner is allowed to examine herself in the witness box, lis between the parties will be disposed of on merits. Moreover, other side can be compensated with costs. Accordingly, this petition is allowed. The trial Court is directed to allow the petitioner to appear in the witness box as a witness on the date fixed i.e. on 31.3.2011 subject to the payment of ` 5000/- as costs. However, no further date will be granted to the petitioner to examine herself as a witness. ( Sabina ) Judge February 24, 2011 arya