Civil Revision No.1304 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1304 of 2009 Date of Decision:09.03.2009 M/s Gurdial Singh & Co. ....petitioner Versus Gurmeet Singh .....respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.S.S.Rangi,Advocate for the petitioner **** RAKESH KUMAR GARG J. This revision petition has been filed by the plaintiff challenging the order dated 02.03.2009 passed by Additional Civil Judge (Senior Division), Khanna, whereby evidence of the petitioner was closed by order. A perusal of the impugned order would show that the petitioner was granted last opportunity to lead his entire evidence. However, no one was present on 02.03.2009 when the impugned order was passed. Learned counsel for the petitioner has argued that in fact only cross-examination of the petitioner is left and on the previous occasions the plaintiff was present in the court, however, his cross-examination was deferred for want of the record. After hearing learned counsel for the petitioner, I deem it appropriate that it will be in the interest of justice that one more opportunity is granted to the petitioner to complete his evidence by way of his cross- examination and the respondent can be compensated by way of costs. Accordingly, the impugned order is set aside to the extent Civil Revision No.1304 of 2009 2 that petitioner shall be granted an opportunity to be cross-examined by the defendant subject to payment of costs of Rs.5000/-. It is made clear that no further opportunity shall be granted to the petitioner in any case and this will be his responsibility to be present in the court on the date fixed for his cross-examination. The petitioner is directed to appear before the trial Court on 26.03.2009 and the trial Court shall fix date for his cross-examination. Civil Revision stands disposed of. Copy of the order be given dasti on payment of usual charges. (RAKESH KUMAR GARG) JUDGE 09.03.2009 neenu