IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 5832 of 2010 Date of decision: February 22, 2011 Kamaljit Singh .. Petitioner Vs. Jagdeep Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Namit Gautam, Advocate for the petitioner. Mr. Sourabh Goel, Advocate for the respondents. A.N. Jindal, J (Oral) The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 4.5.2010 (Annexure P1) passed by the trial court dismissing the application filed by the plaintiff- petitioner (herein referred as, 'the petitioner') for examining the Handwriting and Finger Print Expert. Arguments heard. Though the petitioner had examined Mr. P.S. Ahuja in examination-in-chief and his cross-examination could not be conducted for 4- ½ years on account of his ill health and ultimately he died in November, 2007. The other laxity on the part of the petitioner is that he had moved the application after 1- ½ years thereafter i.e. on 5.11.2009. The argument of the learned counsel for the petitioner is that if he is not permitted to examine another expert, then his valuable right to lead evidence would be lost. At the same time, the case appears to be quite old one having been filed on 6.2.1998 and the delay could be compensated with costs. In the aforesaid circumstances of the case and also in order to provide a fair opportunity to the petitioner to lead evidence, it would be expedient in the interest of justice to give one opportunity to the petitioner to examine the expert. Learned counsel has offered to examine Navdeep Gupta, Handwriting and Finger Print Expert to which the learned counsel Civil Revision No. 5832 of 2010 -2- *** for the respondent has no objection. As such, the instant petition is allowed, impugned order is set aside and the petitioner is directed to conclude his entire evidence within two months from today subject to payment of `10,000/- as costs. The trial court would decide the case within six months positively. February 22, 2011 (A.N. Jindal) deepak Judge