Civil Revision No.3454 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.3454 of 2009 DATE OF DECISION: 17.08.2009 **** Vidya Devi . . . . Petitioner VS. Gurdeep Singh & another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. S.P. Soi, Advocate for the petitioner Mr. R.S. Rana , Advocate for respondent No.1 ***** SURYA KANT J.(ORAL) This Revision Petition is directed by defendant No.1 against the order dated 15.05.2009 passed by the Civil Judge (Senior Division), Patiala, dismissing his application for additional evidence. The additional evidence sought to be produced is merely to enable the petitioner to again step into the witness box for her further cross-examination which could not be completed earlier as her evidence was closed vide order dated 17.7.2008. The trial Court has dismissed the application after observing that this Court in Civil Revision No.3932 of 2008 had granted only one opportunity to the petitioner to lead her evidence subject to payment of cost of Rs.5000/-. Notice of motion was issued and in response thereto, counsel for the parties have been heard. Civil Revision No.3454 of 2009 - 2 - It appears that earlier the matter was adjourned on more than one occasion to enable the petitioner to appear for conclusion of her cross-examination. As she failed to appear despite several opportunities, the trial Court had no option but to close the evidence. However, keeping in view the fact that the petitioner has already been partly cross-examined, I deem it appropriate to grant one more but last opportunity to her to appear before the trial Court for conclusion of her cross-examination. Ordered accordingly. The aforesaid opportunity shall be granted to the petitioner subject to payment of cost of Rs.5000/- to the respondent-plaintiff. Dasti. (SURYA KANT) JUDGE 17.08.2009 shonkar