Civil Revision No.5205 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No.5205 of 2011 Date of Decision: 29.8.2011 Balbir Singh ... Petitioner Versus Shiv Kumar and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Virender Kumar, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed against the order dated 27.7.2011 (Annexure P6), passed by the Court of Civil Judge (Junior Division), Karnal, whereby the plaintiff’s evidence was closed by order and the case was adjourned to 8.8.2011 for defendants’ evidence. Learned counsel for the petitioner/plaintiff has submitted at bar that on 8.8.2011, the defendants had not examined any witness and the case was adjourned to 1.9.2011. He has contended that besides himself, the plaintiff intends to examine one Hari Singh. Learned counsel has further submitted that the affidavits of petitioner-Balbir Singh and Hari Singh have already been furnished in the trial Court, which are annexed with the present revision petition as. Annexures P1 and P2, respectively. Learned counsel has further submitted that if one Civil Revision No.5205 of 2011 2 opportunity is granted to the petitioner, besides himself he will examine Hari Singh and tender certain documents and no other witness will be examined by him. He has further submitted that for the delay caused, the petitioner is ready and willing to compensate the defendants in monetary terms. In view of the submissions made by learned counsel for the petitioner, the present revision petition is accepted. The impugned order dated 27.7.2011 (Annexure P6) is set aside. The trial Court is directed to afford one opportunity with a short date to the petitioner to examine himself and Hari Singh as witnesses, at his own risk and responsibility. He shall also be permitted to tender documents which are legally admissible. This prayer of the petitioner has been accepted taking into consideration the balance of equities and fair play. However, the defendant ought to be compensated by way of costs. Hence, the petitioner is saddled with the cost of Rs.5,000, which shall be deposited in the trial Court to be paid to the respondents/defendants. (Kanwaljit Singh Ahluwalia) Judge August 29, 2011 “DK”