IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6381 of 2008 Date of Decision : August 31, 2009 Sukhwinder Singh ....Petitioner Versus UCO Bank, Ferozepore City through its Branch Manager .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. S.K.Arora, Advocate for the petitioner. Mr. Ashutosh Hoshiarpuri, Advocate for the respondent. T.P.S. MANN, J. (Oral) The present revision has been preferred against the order dated 7.4.2006 passed by the trial Court whereby the evidence of the plaintiff-petitioner was closed by order of the Court. The order dated 11.9.2008 passed by the learned trial Court, while dismissing the application of the petitioner-plaintiff for recalling the aforementioned order has also been impugned in the present revision. While closing the evidence of the plaintiff, the learned trial Court observed that despite it being the last opportunity, neither any evidence of the plaintiff was present nor summoned for that day. The plaintiff had already been granted sufficient opportunities for producing his evidence and, therefore, there was no justification to further adjourn the case. The application filed by the plaintiff for recalling the order dated 7.4.2006 was dismissed by the learned trial Court on the ground that no case was made out for allowing the application as the C.R. No. 6381 of 2008 -2- plaintiff had already been granted last opportunity besides taking dasti summons of the witnesses but despite the same he had made no efforts in that regard. Learned counsel for the plaintiff-petitioner submits that the plaintiff had already deposited the diet money of the Ahlmad of the Court of Sh.Harish Anand, Judicial Magistrate Ist Class, Ferozepur, besides filing the process fee. Though the petitioner has already availed of a number of opportunities besides the last opportunity, yet the petitioner be given one more chance to examine his remaining evidence and in this regard he is willing to compensate the defendant. Learned counsel for the respondent has opposed the prayer on the ground that the plaintiff had availed eleven effective opportunities for examining and concluding his evidence but he failed to do the same and, therefore, no case was made out for granting another opportunity to the plaintiff for completing his evidence. Infact, after the closing of the evidence of the plaintiff, the defendant has partly examined his evidence. Without going into the merits of the stand taken by learned counsel for the parties but keeping in view the interest of justice, the present revision is disposed of by directing the learned trial Court to grant one effective opportunity to the plaintiff to examine his remaining evidence, subject to payment of Rs.10,000/- as costs. The trial Court shall ensure that the costs so paid by the plaintiff are disbursed to the defendant. ( T.P.S. MANN ) August 31, 2009 JUDGE ajay-1