Civil Revision No.1265 of 2009(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1265 of 2009(O & M) Date of Decision:25.03.2010 Sukhdev Singh .... petitioner Versus Baldev Singh & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.G.S.Jaswal, Advocate for the petitioner Mr.Bhuwan Luthra, Advocate for respondent No.4. **** RAKESH KUMAR GARG J.(ORAL): As per office report, respondent Nos.1 to 3 have been served. However, no one is present on their behalf. This is plaintiff's revision petition challenging the order dated 30.09.2008 whereby evidence of the petitioner was closed by order of the Court. Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that provisions of the Civil Procedure Code are handmaid for administration of justice and petitioner cannot be denied of an opportunity to lead evidence merely on the basis of technicalities. It has been further submitted by him that no prejudice is going to be caused to the respondents as the case is still fixed for evidence of the defendants/respondents and they can be compensated by way of Civil Revision No.1265 of 2009(O & M) 2 costs. It has been also brought to the notice of this Court that petitioner needs only one opportunity to complete his evidence. After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the case, I deem it appropriate to grant one more opportunity to the petitioner to complete his evidence subject to payment of costs of Rs.2000/- at his own risk and responsibility. Consequently, the impugned order is set aside and the petitioner is granted one opportunity to lead/complete his evidence subject to payment of costs as assessed above. However, it is made clear that payment of costs shall be condition precedent for allowing the aforesaid opportunity. The petitioner shall lead the evidence at his own risk and responsibility and no further opportunity shall be granted to him. Let the parties appear before the trial Court on 01.04.2010. On that date, the petitioner shall tender the costs and on his doing so, the trial court shall fix the date to lead his evidence as aforesaid. Civil Revision stands disposed of. (RAKESH KUMAR GARG) JUDGE 25.03.2010 neenu