IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.7952 of 2010 DATE OF DECISION: 08.12.2010 **** Karamjit Singh . . . . Petitioner VS. Harjinder Singh and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Arvind Kashyap, Advocate for the petitioner. **** RAKESH KUMAR JAIN J. (ORAL) This revision petition is directed against the order dated 3.11.2010 by which evidence of the petitioner has been closed. Petitioner/plaintiff filed suit for permanent injunction in order to restrain defendants from demolishing the wall Mark AB. He examined two witnesses namely, PW1 and PW2 by tendering their affidavits but their cross-examination was deferred on the asking of the counsel for the defendants. Thereafter, admittedly, the said two witnesses did not appear for three dates despite costs of `100/- and `500/-. Learned counsel for the petitioner contends that the said two witnesses are the material witnesses and in the absence of their cross- examination their affidavits filed in their examination-in-chief would be a futile exercise. He submits that if one opportunity is given, he would present both the witnesses for the purpose of cross-examination. He prays that the opportunity may be given subject to payment of costs to the defendants. After hearing learned counsel for the petitioner, the revision petition is allowed. Petitioner is granted one more opportunity to lead his evidence on a date fixed by the trial Court after 09.12.2010, subject to payment of `5000/- as costs, which shall be paid by the plaintiff to the defendants personally. (RAKESH KUMAR JAIN) December 08, 2010 JUDGE Vivek