C.R. No. 851 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 851 of 2010 (O&M) Date of Decision : 9.2.2010 Balbir Singh .......... Petitioner Versus Nirmla Devi ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Hemant Saini, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 1.02.2010, passed by the learned Addl. Civil Judge ( Sr. Divn.), Patti, vide which the evidence of the petitioner has been closed by passing the following order :- “ 2 DW(s) cross-examined. Today was the last opportunity granted to the defendant to complete its entire evidence. But, no other is present despite last opportunity. Accordingly remaining evidence of the defendant is closed by order. For rebuttal if any and arguments, now to come up on 11/2/2010.” The petitioner has also placed on record another order showing, that three witnesses on behalf of the petitioner were present, however, they could not be cross-examined for want of counsel for the plaintiff / C.R. No. 851 of 2010 2 respondent. It is contended by the learned counsel for the petitioner, that the learned trial Court exceeded its jurisdiction in closing the evidence of the defendant, in view of earlier order. However, the learned counsel for the petitioner does not wish to challenge the impugned order, and prays that in the interest of justice, petitioner may be given one last opportunity to conclude his entire evidence by presenting the witnesses already examined-in-chief, for cross- examination by the plaintiff / respondent, so that the affidavits filed by the witnesses in examination-in-chief could be read in evidence. Keeping in view the stand taken by the learned counsel for the petitioner and without going into the merits of the case, I feel interest of justice would be served, if the petitioner is granted one last opportunity to conclude his entire evidence by presenting the witnesses for cross- examination by the plaintiff. The impugned order is accordingly set aside. The learned trial Court is directed to give one opportunity to the petitioner to conclude his entire evidence on the date to be fixed by the learned trial Court. However, this shall be subject to payment of Rs. 5,000/- (Rupees five thousand only) as costs. 9.2.2010 ( VINOD K. SHARMA ) 'sp' JUDGE