Civil Writ Petition No. 1321 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1321 of 2010 Date of decision:- 24.08.2011 Balbir Singh ...Petitioner Versus The Commissioner and another ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Rajinder Goyal, Advocate for the petitioner. Mr. A.P. Bhandari, Advocate for respondent No.2. RITU BAHRI J.(Oral) Challenge is to the order dated 05.11.2009 (Annexure P-3) whereby the application made by the petitioner for restoration of his case, which was dismissed in default on 08.12.2006, has been dismissed. The application was filed on 1.4.2008 after a lapse of more than one year when the petitioner's case was dismissed in default. Counsel for the petitioner has argued that on 08.12.2006 the Court proceedings were held at Kurukshetra and on previous occasions the Commissioner was functioning at Kaithal. He was not in the knowledge about shifting the Court proceedings at Kurukshetra. Counsel for the respondent Mr. A.P. Bhandari, Advocate on the other hand argued that ever since the application of the petitioner was filed in the year 2003 and the petitioner has availed 21 opportunities to lead the evidence, which he has not led so far. He was directed to pay the cost, which he has also not paid till date. Civil Writ Petition No. 1321 of 2010 -2- Taking the totality of circumstances that the petitioner's right arm was amputated, the writ petition is being allowed and the order dated 05.11.2009 (Annexure P-3) is set aside and direction is given to the Commissioner to give two opportunities to the petitioner to lead the evidence subject to payment of Rs.5000/- as cost and thereafter pass the final order. August 24, 2011 ( RITU BAHRI ) Vijay Asija JUDGE