C.R. No.186 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.186 of 2008 Date of Decision: 12.2.2008 Gurdev Singh .....Petitioner Vs. Avtar Singh and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.S.K. Sood, Advocate for the petitioner. Mr.Deepak Bajaj, Advocate for the respondents. ... RAJIVE BHALLA, J (Oral) Challenge in this revision petition is, to an order dated 20.11.2007 passed by the Civil Judge (Junior Division), Chandigarh, whereby the petitioner's evidence has been closed by order. Counsel for the petitioner states that the petitioner is about 70 years old, suffers from high blood pressure and had to be operated at the P.G.I., Chandigarh. He was discharged on 29.7.2007 and thereafter, advised complete bed rest. The petitioner's medical condition prevented him from appearing before the Court. It is prayed that if one effective opportunity is granted to the petitioner,he would conclude his entire evidence. Counsel for the respondents states that a large number of opportunities had been granted to the petitioner and, therefore, no indulgence should be granted. I have heard learned counsel for the parties, perused the impugned order, as also the interim orders passed by the learned trial Court. C.R. No.186 of 2008 2 The petitioner's medical condition prevented him from appearing before the Court. In this view of the matter, it would be appropriate to grant the petitioner, one effective opportunity to get his statement recorded. Consequently, the revision petition is allowed and the order dated 20.11.2007 is set aside. The learned trial Court shall grant the petitioner one effective opportunity for recording his statement, subject to payment of Rs.5000/- as costs, on which date, the petitioner shall adduce his entire evidence. It is made clear that in case the petitioner does not adduce his entire evidence on a date to be fixed by the trial Court, his evidence shall be deemed to have been closed by order. 12.2.2008 ( RAJIVE BHALLA ) GS JUDGE