IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 27.07.2010 C.R.No.4631 of 2010 Harchand Singh ...Petitioner Versus Ashok Kumar and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Manu K. Bhandari, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) Challenge in the present revision petition is to the order passed by the learned trial Court on 03.03.2010, whereby the evidence of the plaintiffs was closed by order and subsequent order dated 31.05.2010, whereby an application filed by the petitioner for recall of the earlier order dated 03.03.2010 was dismissed. The plaintiffs-petitioner have filed a suit for declaration to the effect that the plaintiffs are owner in possession of the suit property and for mandatory injunction claiming wrongful demolition of their property. It is pointed out by the learned counsel for the petitioner that due to inadvertent mistake on the part of the counsel for the plaintiffs, the evidence could not be produced on the date fixed. It is further stated that the case is now fixed for 30.07.2010 and that the plaintiffs-petitioner shall concluded his entire evidence on the said date and shall also compensate the defendants for delay in leading evidence. C.R.No.4631 of 2010 I have gone through the interim orders passed by the learned trial Court. Though the plaintiffs-petitioner can be said to be not diligent in leading their evidence, but on certain dates, the witnesses could not be cross-examined on the request of learned counsel for the defendants. In view of the said fact, I deem it appropriate to permit the plaintiffs-petitioner to produce their entire evidence on the next date of hearing i.e. 30.07.2010 subject to payment of Rs.10,000/- as costs. If the petitioner deposit costs on the date fixed and produce the entire evidence, the trial Court shall record their evidence first before recording any evidence of the defendants. However, in the event, the petitioner either fail to pay costs or to conclude the entire evidence, the order passed by the learned trial Court shall remain in force. It is further pointed out that the costs of Rs.10,000/- shall be deposited in Court and shall be costs in the suit in terms of the final judgment and decree. Revision petition stands disposed of in above terms. 27.07.2010 (HEMANT GUPTA) Vimal JUDGE 2