C.R.No.6566 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C.R.No.6566 of 2005 Date of Decision : December 07, 2006. Municipal Council, Narnaul ..... Petitioner Vs. Subhash Chander and others ..... Respondents Coram : Hon'ble Mr.Justice P.S.Patwalia * * * Present : Mr.S.K.Jain, Advocate for the petitioner. Mr.N.S.Shekhawat, Advocate for respondent no.1. * * * P.S.Patwalia, J. (Oral) : Even though affidavit of Executive Officer has not been filed yet an explanation has been furnished by Mr.T.R.Sharma, Secretary of the Municipal Council, Narnaul making an effort to explain as to why the evidence could not be led on behalf of Municipal Council before the trial court. On a perusal of the explanation which was handed over in court under the signatures of Mr.T.R.Sharma, Secretary of the Municipal Council, Narnaul and which is taken on record as Mark-A, I am not at all satisfied with the same. Prima facie it appears to be correct that the Municipal Council have been shying intentionally from leading evidence before the trial court for the reasons best known to the Council. However without going into that aspect I am of the opinion that since it is the allegation of the Municipal Council that the plaintiff has encroached upon a public street it is in the interest of justice that the Council should be given an opportunity to lead the evidence before the trial court. The order dated 26.9.2005 closing C.R.No.6566 of 2005 2 the evidence of the Municipal Council by order is therefore set aside. The trial court would afford adequate opportunity to the Council to produce evidence. In case the trial court finds that again the Municipal Council is shying away from leading evidence a report would be submitted to this Court which would then be put up on the judicial side along with this revision petition for appropriate orders. The present revision petition is disposed of with the aforesaid observations. December 07, 2006 ( P.S.Patwalia ) monika Judge