Civil Revision No. 4026 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4026 of 2009 Date of decision: 28.07.2009. Suresh Kumar ....Petitioner Versus Punjab State Electricity Board and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Ashok Goel, Advocate, for the petitioner. Mr. Parminder Singh, Advocate, for the respondents. ***** VINOD K. SHARMA, J (ORAL) This revision petition is directed against the order dated 2.4.2009 passed by the learned Additional Civil Judge (Senior Division), Dhuri, vide which the evidence of the petitioner has been ordered to be closed, as he has failed to conclude his evidence in spite of availing number of opportunities, including the last opportunity. The order reads as under: - “No PW is present. Ld. Counsel for the plaintiff again requested for adjournment. From the perusal of file, it reveals that the plaintiff has already availed many opportunities to conclude his evidence, but the plaintiff has failed to conclude the evidence. Last opportunity was granted to the plaintiff to conclude his evidence, but despite that, no evidence of the defendant is present. Even the mandatory cost has not been deposited. No ground is made out to adjourn the case Civil Revision No. 4026 of 2009 -2- further for evidence of plaintiff. Hence, the evidence of the plaintiff is closed by orders. Now to come up on 11.05.2009, for evidence of defendant. PF/DM/List of witnesses be filed.” Learned counsel for the petitioner contends, that it has been wrongly recorded in the order that cost was not paid, rather no cost was imposed. He referred to the zimni orders passed by the Court from time to time. In none of the orders, while adjourning the case, any cost was imposed. Learned counsel for the petitioner, however, has not challenged the order on merits and prays that in the interest of justice, the petitioner may be granted one last opportunity to conclude his evidence at his own risk and responsibility. In view of the stand taken by the learned counsel for the petitioner and without going into the merits of the case, I feel that interest of justice would be served if the petitioner is granted one last opportunity to conclude his entire evidence at his own risk and responsibility 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. Disposed of. (Vinod K. Sharma) Judge July 28, 2009 R.S.