CMPMO No. 538/2009 CMP No. 724/2009 26.11.2009 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner. Mr. Karan Singh Kanwar, Advocate, for respondent No.1. Learned counsel for the petitioner undertakes to produce his entire evidence on any date which may be fixed by the trial Court. There is no doubt that the present petitioner could not produce his evidence as directed by the Court. The explanation for not producing the evidence however, is plausible as the learned counsel had expired on the date fixed for evidence. Hence, by way of indulgence last opportunity is granted to the petitioner to produce his entire evidence on his own responsibility. The impugned order dated 24.2.2009 is set-aside. The parties are directed to appear before the trial Court on 22.12.2009, when a date shall be fixed for recording the statements of the petitioner’s witnesses. This order is passed subject to payment of Rs.1000/- as costs to the respondent herein. Costs shall be paid positively before the date of appearance fixed before the trial Court. The petition is disposed of, so also the pending application. Record be sent back immediately. ( Sanjay Karol ), Judge. November 26, 2009 (rana)