C.R. No. 4323 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4323 of 2008 (O&M) Date of Decision : 18.8.2009 Punjab State Electricity Board .......... Petitioner Versus Charanjit Singh Bajaj ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. P.S. Thiara, Advocate for the petitioner. Mr. K.S. Dua, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 17777-CII of 2008 For the reasons stated in the application, C.M. is allowed, the order dated 8.9.2008 is recalled and the revision is restored to its original number. C. R. No. 4323 of 2008 This revision petition is directed against the order dated 9.1.2007 passed by the learned Civil Judge (Jr. Divn.), Ludhiana closing the evidence of the petitioner for the reason that he failed to lead evidence in spite of availing number of opportunities including the last opportunity. The order passed by the learned trial Court reads as under :- “No petitioner evidence is C.R. No. 4323 of 2008 2 present. Adjournment requested by the Ld. Counsel for the petitioner. As per record, sufficient opportunities have already been availed by the petitioner for their evidence. No ground for further adjournment is made out. Hence, the evidence of the petitioner is ordered to be closed. Now the case is adjourned to 7.2.2007 for evidence of the defendant.” Learned counsel for the petitioner does not challenge the order on merit and prays that in the interest of justice,the petitioner may be granted one last opportunity to lead its entire evidence at its own risk and responsibility. In view of the stand taken by the learned counsel for the petitioner and without going into the merits of the case, I feel that interest of justice would be served if the petitioner is granted one last opportunity to conclude its entire evidence at its own risk and responsibility. The present revision is allowed, the impugned order is set aside. The petitioner is granted one last opportunity to conclude its entire evidence on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/- (Rupees five thousand only ) as costs. 18.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE