C.R. No.644 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.644 of 2008 Date of Decision: 18.2.2008 Smt.Kaushalya Devi and others .....Petitioners Vs. Bachan Dass ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Vijay Lath,Advocate for the petitioners. Mr.Tejinder K. Joshi, Advocate for the respndent. ... RAJIVE BHALLA, J(Oral) The petitioners pray for setting aside the order dated 27.11.2007 passed by the Civil Judge (Senior Division), Anandpur Sahib, closing the petitioners evidence by order and the order dated 24.1.2008 passed by the Additional Civil Judge (Senior Division), Anandpur Sahib, declined to recall the said order. Counsel for the petitioners submits that though opportunities were granted to the petitioners, to lead their evidence in defence, but as the affidavit of DW-1 Narinder Kumar is already on record, all that remains is his cross-examination by the respondent and the tender of certain documents, which are already on record. It is submitted that in case one last opportunity is granted,subject to payment of costs, the petitioners would lead their entire evidence, on a date to be fixed by the trial Court. Counsel for the respondent states that seven effective opportunities have already been granted to the petitioners and, therefore, no C.R. No.644 of 2008 2 further indulgence be shown to the petitioners. I have heard learned counsel for the parties and perused the impugned orders. As submitted by counsel for the petitioners, the remaining evidence is the cross-examination of Narinder Kumar DW-1 and certain documents have to be tendered. Though, the petitioners were granted seven effective opportunities, I am satisfied that interest of justice would require that one last opportunity be granted to the petitioners, to produce Narinder Kumar DW-1 for cross-examination and to tender documents, which are already on record. In this view of the matter, the revision petition is allowed and the orders dated 27.11.2007 and 24.1.2008 are set aside. The learned trial Court shall grant one effective opportunity to the petitioners, to lead their entire evidence subject to payment of Rs.2500/- as costs, on which date, the petitioners shall adduce their entire evidence. It is made clear that in case the petitioners do not adduce their entire evidence on a date to be fixed by the trial Court, their evidence shall be deemed to have been closed by order. 18.2.2008 ( RAJIVE BHALLA ) GS JUDGE