Civil Revision No. 5858 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 5858 of 2011 Date of Decision: 23.9.2011 M/s Indru Mal Nohar Chand ... Petitioner Versus The Narwana Food Grain Dealer Association, Narwana and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Amrish Singh Brar, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed praying that the impugned order dated 6.9.2011 (Annexure P1), passed by the Court of Additional Civil Judge (Senior Division), Narwana, be set aside whereby the evidence of the petitioner/plaintiff No.1 was closed by order. A perusal of the impugned order reveals that evidence of the petitioner was closed by order on the ground that it has availed several opportunities. Mr. Amrish Singh Brar, Advocate, appearing for the petitioner/plaintiff No.1, submits that the petitioner intends to examine Tek Chand, Manager, The Narwana Food Grain Dealer Association, Narwana. He further submits that to examine Tek Chand, summons Civil Revision No. 5858 of 2011 2 were issued and the Process Server, instead of serving the same upon the said witness, had served the same upon one Ishwar Chander. Learned counsel further submits that since the summons were served upon a wrong person, therefore, Tek Chand, Manager, did not appear in the Court. He further submits that there has been no laxity or delay on the part of the petitioner/plaintiff No.1. After hearing learned counsel for the petitioner, this Court is of the view that fair play and balance of equities demand that one opportunity ought to be granted to the petitioner to examine the aforesaid witness. In terms of the observations made above, the present revision petition is accepted and the impugned order dated 6.9.2011 (Annexure P1) is set aside. The trial Court is directed to issue fresh process for examining Tek Chand, Manager, The Narwana Food Grain Dealer Association, Narwana. Since the witness is an employee of the defendant No.1-Association, the trial Court, if necessary, may take coercive steps to ensure the presence of the aforesaid witness. (Kanwaljit Singh Ahluwalia) Judge September 23, 2011 “DK”