Civil Revision No.1056/2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1056/2011(O&M) Date of decision:23.2.2011. Smt.Laxmi Devi .............Petitioner v Smt.Rewati Devi. ..............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sandeep Sharma,Advocate for the petitioner. Jaswant Singh,J(Oral). CM No.5079-CII/2011 is allowed. Annexures P-4 to P-10 are taken on record. Defendant/petitioner has approached this Court challenging the order dated 13.1.2011 whereby the learned Civil Judge (Junior Division) Gurgaon has, by order, closed her evidence. It is stated that the respondent/plaintiff filed a suit for specific performance of the agreement to sell dated 28.3.2007 with regard to sale of a plot fully described in the plaint. The plea taken by the petitioner/defendant was that she had never executed the said agreement to sell and the same was alleged to be forged and fictitious Civil Revision No.1056/2011(O&M) 2 document. It is further stated that the evidence of the defendant commenced w.e.f. 24.5.2010 and thereafter two DWs were examined. The third DW, who is an official from the office of Sub Registrar, Gurgaon was summoned to bring the record, however, he did not come present on the date fixed i.e. 13.1.2011. Learned counsel for the petitioner contends that the petitioner/defendant had deposited the diet money for summoning of the aforesaid official witness and as such the learned trial Court should have taken coercive steps to secure his presence alongwith the relevant record. It is thus, prayed that one last opportunity be granted to the petitioner/defendant to conclude her entire evidence subject to payment of appropriate costs. After hearing the learned counsel and in view of the facts stated above, in the interest of justice, I deem it just and expedient to grant one last opportunity to the petitioner/defendant to lead her entire evidence on a date to be fixed by the learned trial court. This shall, however, be subject to payment of costs. Resultantly, the present revision petition is allowed, order dated 13.1.2011, closing the evidence of the defendant/petitioner by court order, is set aside and she is granted one last effective opportunity to lead her entire evidence at her own responsibility on a date to be fixed by the trial court. This shall, however, be subject to payment of costs of Rs.5000/- to be paid to respondent/plaintiff by way of demand draft. Civil Revision No.1056/2011(O&M) 3 This order is being passed without issuing notice to the respondent/plaintiff as it would result in unnecessary delay in the matter and expenses to her. In any case, respondent is being compensated by way of costs. 23.2.2011. (Jaswant Singh) joshi Judge