Civil Revision No. 4910 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4910 of 2010 Date of Decision: 6.8.2010 Balbir Singh and Another …Petitioner Versus B.K. Kwatra …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Arun Luthra, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner/tenants produced one Iqbal Singh as a witness and tendered into evidence his affidavit dated 3.4.2010 (Annexure P1). Thereafter, Iqbal Singh never turned up to offer himself for cross- examination. Thereafter, the petitioners have filed an application that coercive action should be taken against their own witness. The trial Court considered the request of petitioners and came to the conclusion that in the eviction petition, filed by the respondent, issues had been framed on 15.1.1999. The landlord closed his evidence on 30.10.2007. Numerous opportunities have been availed by the petitioners to lead their evidence. On 27.5.2010, the petitioners themselves had produced Iqbal Singh as RW.2., who was not a summoned witness. For this reason, the Court had refused to issue warrants to secure the presence of Iqbal Singh. Non issuance of warrants against Iqbal Singh is Civil Revision No. 4910 of 2010 2 justifiable on the facts and circumstances of the case. However, evidence of the petitioners was also closed. Fair play and equity demand that one opportunity ought to be granted to the petitioners to conclude their evidence. The petitioners may produce any other witness on the next date of hearing, at their own risk and responsibility. Since the petitioners have not been vigilant to conclude their evidence, cost of Rs.5,000/- is imposed. On payment of cost, one opportunity be granted to the petitioners to conclude their evidence, at their own risk and responsibility. (Kanwaljit Singh Ahluwalia) Judge August 6, 2010 “DK”