C.R.No.2134 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2134 of 2009. Decided on: November 26, 2009. J.S.Arora .. Petitioner VERSUS The Chief Manager and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.Lokesh Sinhal, Advocate, for the petitioner. Mr.Kamal Satija, Advocate, for the respondents. M.M.S. BEDI, J. (ORAL) Plaintiff-petitioner has filed a suit for declaration and relief of mandatory injunction. Vide impugned order, the evidence of the plaintiff-petitioner has been closed on account of his having not been able to produce the evidence despite last opportunity having been granted to him and on the ground that he failed to pay costs. . . . 1 C.R.No.2134 of 2009 Counsel for the respondents has opposed the revision petition on the ground that the petitioner has filed a frivolous suit against the respondents and that despite number of opportunities, he has failed to produce his evidence and that the petitioner wants to linger on the matter to harass the respondents. After hearing counsel for the parties and going through the impugned order, I do not find any infirmity in the order but at the same time, the fact cannot be ignored that vide an order passed in C.R.No.815 of 2009, an application for amendment of the plaint of the plaintiff-petitioner has been allowed subject to payment of costs of Rs.10,000/- to the respondents. In view of the amendment having been allowed, the plaintiff-petitioner will be required to produce evidence. Even otherwise, it will be expedient, in the interest of justice, in case a fair opportunity is granted to the plaintiff-petitioner to produce his entire evidence. The order dated 10.02.2009, is hereby set aside and it is ordered that the petitioner will pay costs of Rs.15,000/- to the defendants-respondents and will be given a period of three months to produce his entire evidence. It is made clear that in case the petitioner does not pay the costs of Rs.15,000/- before the trial Court on 19.12.2009, and produce his entire evidence within three months by getting not more than total three opportunities, this revision will be deemed to have been dismissed. . . . 2 C.R.No.2134 of 2009 It is ordered that the trial Court will make earnest endeavour to complete the entire evidence of the plaintiff-petitioner within three months after the completion of filing of amended pleadings within a period of one month after 19.12.2009. The plaintiff will be given three opportunities within a period of three months w.e.f., 19.01.2010, to produce his entire evidence. In view of above, the revision petition is allowed. (M.M.S.BEDI) JUDGE November 26, 2009. rka . . . 3