C.R.No.6969 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6969 of 2008 Date of decision : 17.12.2008 Anup Kumar alias Anup Singh ...Petitioner Versus Smt. Kesar ......Respondent CORAM : HON'BLE MR. JUSTICE MAHESH GROVER ..... Present : Mr.Mani Ram Verma, Advocate for the petitioner. MAHESH GROVER, J.(Oral) The petitioner has impugned the order dated 2.12.2008 by which his prayer for additional evidence has been declined. It was contended by the learned counsel for the petitioner that the evidence was closed on 6.11.2008 and the petitioner was prompt enough as his evidence was closed within a period of two months and that he had led the entire evidence but due to inadvertence the receipts and necessary copy of the mutation which were lying in the brief of the counsel could not be produced. Further contends that the conduct of the petitioner shows that there was no willful default and that there was no intention on his part to delay the proceedings and since it is documentary evidence, if one opportunity is granted to him he shall produce the same. After hearing the learned counsel for the petitioner, I am C.R.No.6969 of 2008 -2- of the opinion that the petition can be disposed of at this stage without issuance of notice of motion as resorting to this process is likely to delay the proceedings further. Considering the fact that the suit is relatively young and no untoward delay has been caused and I am of the opinion that the receipts and copy of the mutation are necessary for proper adjudication of the matter, the revision petition is accepted subject to payment of Rs.5,000/- as costs and the impugned order is set aside. The trial Court is directed to grant one opportunity only, to the petitioner to produce the necessary evidence. 17.12.2008 (MAHESH GROVER) JUDGE dss