C.R. No.622 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.622 of 2008 Date of Decision: 14.2.2008 Subhash Chander .....Petitioner Vs. Sunita Rani and another ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Sandeep Jasuja, Advocate for the petitioner. Mr.Gaurav Bhaiyya, Advocate for the respondents. ... RAJIVE BHALLA, J(Oral) The prayer in this revision petition is, to set aside an order dated 15.11.2006 passed by the Additional Civil Judge (Senior Division), Jalalabad, whereby the petitioner's evidence in defence was closed by order, as no DW was present and costs imposed on the last date were not paid. Counsel for the petitioner submits that the petitioner's counsel before the trial Court, shifted his practice to Chandigarh. The petitioner had no knowledge of this fact and, therefore, could not appear before the trial Court and/or adduce his evidence. Counsel for the respondents, however, vehemently opposes the correctness of the aforementioned assertions and states that the petitioner was aware that his counsel had shifted to Chandigarh, but intentionally avoided appearance or production of evidence before the trial Court. I have heard learned counsel for the parties and perused the impugned order. C.R. No.622 of 2008 2 Without alluding the fact or recording any opinion in respect thereof, as to the fault of the petitioner's counsel, suffice it to say that the interest of justice would require the grant of one opportunity to the petitioner, to lead his entire evidence in defence. Consequently, the revision petition is allowed and the order date 15.11.2006 is set aside. The learned trial Court shall grant one effective opportunity to the petitioner, to lead his entire evidence, subject to payment of Rs.5,000/- as costs. No further opportunity shall be granted to the petitioner. In case, he fails to lead evidence on a date to be fixed by the trial Court, his evidence shall be deemed to have been closed. The learned trial Court is directed to decide the suit expeditiously, preferably within a period of six months, from the next date of hearing. 14.2.2008 ( RAJIVE BHALLA ) GS JUDGE