C.R. No. 7228 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No. 7228 of 2011 Date of decision: 25.11.2011 Partap Singh ...Petitioner versus Ranjit Singh and others ...Respondents Present:- Ms. Smriti Dhir, Advocate for the petitioner *** RITU BAHRI, J (Oral) 1. Challenge is to the order dated 02.08.2011 passed by the Additional Civil Judge, Senior Division, Samrala vide which the evidence of the petitioner/plaintiff has been closed by observing that the petitioner/plaintiff has availed 5 effective opportunities to lead evidence. 2. The suit was pending since 03.06.2009. Learned counsel for the petitioner/plaintiff has argued that an application for amendment was moved by the plaintiff/petitioner in September, 2009 and thereafter, till Febraruary 2011, the suit kept pending for that decision. The plaintiff/petitioner could not appear on 02.08.2011 as he was in judicial custody, which is evident from the certificate issuedc by Superintendent Jail, Ludhaiana dated 14.09.2011 that the petitioner/plaintiff was in jail since 15.07.2011 (Annexure P-1). Learned counsel for the petitioner/plaintiff has submitted that as per certificate, it is clear that petitioner/plaintiff's absence C.R. No. 7228 of 2011 -2- for leading evidence was not intentional. 3. In view of the above facts and circumstances of the case, order dated 02.08.2011 is set aside subject to payment of Rs.2,000 as cost. One last opportunity is granted to the petitioner/plaintiff to adduce his evidence 4. Accordingly, civil revision is allowed with costs and if respondents has any objection, they are at liberty to approach the Court. November 25, 2011 ( RITU BAHRI ) G.Arora JUDGE