C.R. No. 315 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 315 of 2011 (O&M) Date of Decision: January 18, 2011 Avtar Singh …..Petitioner Vs. Bhajan Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sanjiv Gupta, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The petitioner has adopted a casual approach in production of his evidence to substantiate his pleas in his suit for specific performance. His suit was earlier dismissed under Order 17 Rule 3 CPC. While hearing first appeal, the case was remanded with a direction to the trial Court to grant one opportunity to the plaintiff- petitioner to produce his entire evidence. On account of his failure to produce the entire evidence, the C.R. No. 315 of 2011 (O&M) [2] evidence of the plaintiff- petitioner has been closed vide order dated January 6, 2011. Counsel for the petitioner submits that the next date of hearing before the trial Court is February 7, 2011 and that if given one opportunity, the petitioner will produce the entire evidence at his own responsibility. After hearing counsel for the petitioner, I am satisfied that the petitioner has been adopting delaying tactics and has been evasive in producing the requisite evidence. Counsel for the petitioner submits that the petitioner wants to produce the document writer, Clerk of Sub-Tehsil to prove his affidavit and a stamp vendor from whom the papers on which the alleged agreement of sale was executed. Striking a balance between the right of the petitioner to produce his evidence and the right of the defendant- respondents of not to be harassed by delaying tactics of the plaintiff- petitioner, in the interest of justice, it is deemed appropriate to give one opportunity to the plaintiff- petitioner and simultaneously compensating the defendant- respondents for the harassment caused by the plaintiff by granting the costs. This petition is disposed of in limine. The order dated January 6, 2011 is hereby set aside and one opportunity is granted to the plaintiff- appellant to produce his entire evidence at his own responsibility on February 7, 2011 subject to payment of costs of ` 20000/-. The cost will be paid on February 7, 2011 in the Court. The trial Court will give one opportunity to the plaintiff to produce all the witnesses on one date given by C.R. No. 315 of 2011 (O&M) [3] the trial Court on February 7, 2011 at his own responsibility. It is made clear that in case the cost of ` 20000/- is not paid on February 7, 2011, this petition will be deemed to have been dismissed. January 18, 2011 (M.M.S.BEDI) sanjay JUDGE