Civil Revision No.7779 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7779 of 2011 Date of Decision : 15.12.2011 Manohar and another .......Petitioner Versus Jaipal .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashok Kaushik, Advocate, for the petitioners. **** JITENDRA CHAUHAN, J. (ORAL) The petitioner-defendants has invoked the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India, impugning the order dated 5.12.2011, whereby the evidence of the petitioner-defendants has been closed by order. The learned counsel for the petitioners contends that the plaintiff respondent filed a suit for possession by way of specific performance of contract as a consequential relief of permanent injunction, as an ex parte decree was passed in favour of the plaintiff vide judgment and decree dated 8.8.2005. Thereafter, the defendant- petitioners filed application for setting aside the ex parte decree, which was allowed and the case was fixed for the defendants’ 1 Civil Revision No.7779 of 2011 evidence for 27.07.2011. On 27.07.2011, last opportunity was granted to the defendants and the case was adjourned to 07.09.2011, on which date, the case was further adjourned to 5.12.2011, after affording one more opportunity, subject to the payment of `3,00/- as costs. On 5.12.2011, the application moved on behalf of the petitioner- defendants for impleadment of the LRs of Deep Chand was allowed as the same was not objected to. One AW was also examined, however, the request for further adjournment was declined and the evidence was closed by order. The case was adjourned for 20.12.2011 for tendering documents of the petitioner and evidence of the respondent. Without adverting to the merits of the present case, this Court feels that in view of the peculiar facts and circumstances of the present case and to advance the cause of justice, one more opportunity deserves to be granted to the petitioner-defendant to adduce his entire evidence. Accordingly, the present revision petition is allowed; the impugned order dated 05.12.2011 is set aside; and the petitioner- defendant is granted one last effective opportunity to adduce his entire evidence on the date to be fixed by the learned trial Court. However, the same shall be subject to the payment of `10,000/- as cost. ( JITENDRA CHAUHAN ) 15.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2