C.R.No.6874 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6874 of 2009 Date of Decision : 25.11.2009 Sukhnandan Singh ...Petitioner Versus Gurmej Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Sandeep Arora, Advocate, for the petitioner. HEMANT GUPTA, J. (ORAL) Challenge in the present revision petition is to the order dated 23.7.2009, whereby the evidence of the defendant was closed by order. Learned trial Court has found that the defendant has failed to conclude his entire evidence even though 10 clear opportunities were granted to him and that no plausible reason is made out for adjourning the case for evidence of the defendant. Learned counsel for the petitioner submitted that on 2.5.2009, the examination-in-chief of two of the defendant's witnesses has been tendered in the Court, but their cross-examination has been deferred, as the counsel for the plaintiffs was not available. On the adjourned date i.e. 23.7.2009, the said witnesses could not come present for the reason that the father of the petitioner was not well. Learned counsel for the petitioner further argued that the case is now fixed for rebuttal evidence and arguments on 27.11.2009 and if one opportunity is given to the defendant-petitioner, he shall produce his entire evidence on the said date C.R.No.6874 of 2009 2 and shall also compensate the plaintiffs for the delay in concluding his evidence. Keeping in view the fact that on 2.5.2009, the cross- examination of the two witnesses was deferred on account of non- availability of the counsel for the plaintiffs, I deem it appropriate to grant one opportunity to the defendant-petitioner to produce his entire evidence on the date fixed before the learned trial Court i.e. 27.11.2009, subject to payment of Rs.20,000/- as costs. If the defendant-petitioner fails to deposit the costs and to produce his entire evidence on the date fixed, the order passed by the learned trial Court will be operative and the trial Court will decide the suit in accordance with law. With the said direction, the revision petition stands disposed of. A copy of the order be given dasti under the signatures of the Special Secretary. 25.11.2009 (HEMANT GUPTA) Vimal JUDGE