In the High Court of Punjab and Haryana at Chandigarh C.R.No. 5369 of 2009(O&M) Date of Decision:September 17, 2009 Raj Kumar ---Petitioner versus Guranditta ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.G.S.Toor,Advocate, for the petitioner. *** SABINA, J. Petitioner-Raj Kumar has filed this revision petition under Article 227 of the Constitution of India seeking setting aside of impugned order dated 19.8.2009(Annexure P-1) passed by Additional Civil Judge (Sr. Division) Gidderbaha. Raj Kumar-petitioner/plaintiff has filed a suit for recovery on the basis of pronote and receipt. The case was fixed for plaintiff's evidence on 23.7.2007 for the first time and thereafter it was adjourned from time to time for his evidence. However, on 19.8.2009, plaintiff failed to conclude his evidence and his evidence was closed by order. Hence, the present revision petition. Learned counsel for the petitioner has submitted that the petitioner be allowed one opportunity to lead his evidence and other side can be compensated with costs. C.R.No. 5369 of 2009(O&M) -2- In the present case, the suit was fixed for plaintiff's evidence on 23.7.2007 for the first time and thereafter it was adjourned to 13.10.2007, 22.1.2008. 14.5.2008, 27.8.2008 and then to 4.11.2008 for plaintiff's evidence. On 4.11.2008 plaintiff engaged a new counsel. Thereafter, the case was adjourned to 4.12.2008, 28.1.2009, 27.2.2009, 8.4.2009, 9.6.2009 for plaintiff's evidence. On 9.6.2009 last opportunity was granted to the plaintiff to lead his evidence. A perusal of the impugned orders reveals that the plaintiff had failed to pay the costs and has also failed to conclude his evidence. In the present case, numerous opportunities have already been granted to the petitioner to conclude his evidence. He also failed to pay the costs. Plaintiff was required to pursue his case with due diligence, however, he has failed to do so. In these circumstances, not interference by this court is called for. Accordingly, this revision petition is dismissed. (SABINA) JUDGE September 17, 2009 PARAMJIT