Civil Revision No. 4371 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4371 of 2011 Date of Decision: 21.7.2011 Smt. Shanti Devi …Petitioner Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.K.Sharma, Advocate for the petitioner. Mr. R.N. Lohan, Advocate for caveator/respondent No.6 Kanwaljit Singh Ahluwalia, J. (Oral) In the present revision petition, order dated 16.7.2011 (Annexure P3), passed by the Court of Additional Civil Judge (Senior Division, Meham, whereby application, filed by the petitioner, for grant of adjournment to lead her evidence was declined and her evidence was closed by order. Learned counsel for the petitioner submits that the plaintiff will only examine herself and no other witness shall be examined by her. Learned counsel further submits that in case one opportunity is granted to the plaintiff, she will conclude her evidence. Issue notice of motion. Mr. R.N. Lohan, Advocate, appearing on behalf of the caveator-respondent No.6, accepts notice and submits that the case is Civil Revision No. 4371 of 2011 2 now fixed for 23.7.2011 for recording of the defendants' evidence. He further submits that the plaintiff has availed a numerous opportunities but she has not concluded her evidence, therefore, this Court should not grant any relief to her. He further submits that in case this Court intends to grant one opportunity to the petitioner/plaintiff, she should be fastened with the adequate costs to compensate the defendants for sufferance of a delay in culmination of the proceedings. Learned counsel for the petitioner has submitted that the petitioner/plaintiff is an old lady and she has undergone knee replacement surgery on 2.6.2011, therefore, she is not in a position to appear before the trial Court and one opportunity be granted to her. During the course of arguments, learned counsel for the parties agreed that the petitioner shall submit her affidavit in the trial Court on the next date of hearing, which is 23.7.2011, the trial Court, thereafter, shall fix a short date for cross-examination of the plaintiff/petitioner. For carrying out cross-examination of the plaintiff/petitioner, the trial Court shall appoint a Local Commissioner. Fee of the Local Commissioner shall be paid by the plaintiff/petitioner. The Local Commissioner shall record cross-examination of the petitioner/plaintiff to be conducted by learned counsel for the defendants. The entire exercise shall be completed within a period of one month commencing from 23.7.2011. As Mr. Lohan has rightly submitted that before knee replacement surgery was undertaken, there was no impediment for the petitioner/plaintiff to cause appearance, therefore, the defendant should be compensated by payment of costs. I find merit in this contention Civil Revision No. 4371 of 2011 3 raised by Mr. Lohan. The petitioner/plaintiff, who is stated to be the President, of Municipal Committee, Meham, is fastened with the cost of ` 7,500. The costs shall be paid on 23.7.2011. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge July 21, 2011 “DK”