CR No.4788 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.4788 of 2010 DATE OF DECISION: 10.08.2010 **** Surmukh Singh . . . . Petitioner VS. Swaran Kaur . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Kuldeep Sanwal, Advocate for the petitioner. **** RAKESH KUMAR JAIN J. (ORAL) This revision petition is directed against order dated 16.7.2010 passed by the Civil Judge (Senior Division), Patiala by which evidence of the petitioner has been ordered to be closed. In brief, the petitioner field the petition under Section 25 of the Guradian and Wards Act, 1890 for the custody of his minor son namely Gurpreet Singh. In this case, the evidence of the petitioner was closed vide order dated 16.7.2010 on the ground that petitioner has already availed many opportunities. Learned counsel for the petitioner has reproduced zimini orders passed by the Court below from 10.10.2008 to 27.4.2010. Notice of motion was issued by this Court on 02.08.2010 but no one has put in appearance on behalf of the respondent despite service. Therefore, she is proceeded against ex parte. CR No.4788 of 2010 -2- Learned counsel for the petitioner, inter alia, contends that petitioner requires only one opportunity in order to get his witness PW-2 cross-examined, whose affidavit, in examination-in-chief, is already on record. After hearing learned counsel for the petitioner, I am of the view that one more opportunity could be granted to the petitioner on payment of costs. Hence, the present petition is allowed. Petitioner is directed to lead evidence for the purpose of cross-examination of PW2 on 16.8.2010, which is the date fixed before the Court below, subject to payment of Rs.5000/- as costs to be paid to the respondent. (RAKESH KUMAR JAIN) 10.08.2010 JUDGE Vivek