CR No.7099/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7099/2011 Date of decision: 21.11.2011. Jit Singh and others ....................Petitioners v. Col.Avtar Singh .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Gurnam Singh,Advocate for the petitioners. Jaswant Singh.J.(Oral) Plaintiffs-petitioners have filed the instant revision petition under Article 227 of the Constitution for setting aside the order dated 3.9.2011 passed by learned Additional Civil Judge(Senior Division) Rajpura whereby their evidence, in the suit for specific performance filed by them, has been closed by order. At the time of hearing, learned counsel for the petitioners- plaintiffs has not been able to dispute that sufficient opportunities have already been availed by the petitioners and despite that they have not been able to conclude their evidence, as is evident from the impugned order, reproduced below:- “Cross examination of PW5 Mani Jain CR No.7099/2011 2 concluded and plaintiff tender into evidence Ex.P6. Counsel for the plaintiff requested for adjournment for further evidence. Heard. The issues in this case were framed on 5.9.2008 and case was adjourned to 27.1.2009, 4.5.2009, 1.9.2009, 18.1.2009, 26.3.2010, 19.4.2010, 4.6.2010, 7.9.2010, 12.10.2010 for plaintiff evidence and last opportunity was granted for 9.11.2010 subject to cost of Rs.200/-. On 9.11.2010 the plaintiff has failed to conclude the evidence and made undertaking that he will conclude the entire evidence upto 21.11.2010 failing which his evidence shall be closed by order. Thereafter, the case was adjourned to 17.1.2011, 19.2.2011, 19.4.2011, 2.6.2011, 16.7.2011 and 3.9.2011 for evidence of the plaintiffs. But the plaintiff has failed to conclude his entire evidence and no plausible reason has been given for seeking further adjournment of the case for evidence of plaintiffs. Therefore, per amended provisions of Code of Civil Procedure and in view of the undertaking given by counsel for plaintiff no ground has been made out for granting further adjournment to the plaintiff for CR No.7099/2011 3 producing evidence and request for adjournment of the case stands declined. Therefore, the evidence of the plaintiff is closed by order. Now the case is adjourned to 27.9.2011 for evidence of the defendant.” From a perusal of the impugned order reproduced above, it is apparent that in all 16 opportunities were availed by the plaintiffs for leading their evidence which included 6 last opportunities including imposition of cost. Thus, it is abundantly clear that petitioners have been grossly negligent in leading their evidence and thus do not deserve grant of indulgence by this Court in exercise of its jurisdiction under Article 227 of the Constitution. Dismissed. 21.11.2011 (Jaswant Singh) joshi Judge