C.R. No.1699 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1699 of 2008 Date of Decision: 19.3.2008 Sant Singh .....Petitioner Vs. Gurnam Singh and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Amandeep Agnihotri, Advocate for the petitioner. RAJIVE BHALLA, J (Oral) The petitioner impugns an order dated 24.10.2007 passed by the Civil Judge (Junior Division), Rajpura, whereby his defence has been struck off for non payment of costs of Rs.1,000/-. Counsel for the petitioner submits that the petitioner was granted liberty to lead additional evidence, subject to payment of costs of Rs.1,000/-. The petitioner is an old man aged 80 years and as a result of his failing health, could not come to Court, to tender the costs. It is prayed that in case, the petitioner is granted one opportunity, he would not only tender the costs but also lead the additional evidence. I have heard learned counsel for the petitioner and perused the impugned order. Though, the petitioner was remiss in his obligation to tender the costs as directed, but taking into consideration the petitioner's old age, interest of justice would require that the petitioner be granted one last opportunity to lead his additional evidence, as allowed by the learned trial C.R. No.1699 of 2008 2 Court, subject to payment of Rs.2500/- as costs, in addition to the costs already imposed by the learned trial Court. Consequently, the revision petition is allowed and the order dated 24.10.2007 is set aside. The learned trial Court is directed to grant one effective opportunity to the petitioner to lead his additional evidence. It is made clear that no further opportunity shall be granted to the petitioner. Notice is being issued to the respondents, as it would entail unnecessary expenditure and cause further delay. The respondents, are, however, being compensated with costs. In case, they have any grievance, they would be at liberty to approach this Court for recalling of the order. 24.3.2008 (RAJIVE BHALLA) GS JUDGE