Civil Revision No. 7440 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 7440 of 2011(O&M) Date of decision. 02.12.2011 Sher Singh and others .... Petitioner Versus Hawa Singh and others ...... Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr.Abhishek Yadav, Advocate for the petitioners. **** Vijender Singh Malik, J. This is a revision petition brought by the defendants under the provisions of Article 227 of the Constitution of India for setting aside the order dated 19.10.2011 passed by learned Additional Civil Judge (Senior Division), Hansi, whereby the evidence of the petitioner has been closed by order of the court. The suit brought against the petitioners by Hawa Singh and others, the respondents is for permanent injunction restraining the defendants from interfering in the possession of the plaintiffs and proforma defendants over the land measuring 15 kanals 15 marlas situated in the revenue estate of Dhani Mahenda, Majra Mahenda, Tehsil Hansi, District Hisar. In the said suit, the defendants were to bring their Civil Revision No. 7440 of 2011 --2-- evidence on 19.10.2011. On that day, one witness of the defendants named Jagdish was present and his cross-examination was conducted. No other witness of the defendants was present nor was summoned by the defendants. The adjournment sought for remaining evidence of the defendants was vehemently opposed and finding that numerous opportunities including three last opportunities had been availed by the defendants to conclude their evidence, the evidence of the defendants was closed by court order. I have heard Mr. Abhishek Yadav, learned counsel for the petitioner and have gone through the record. Learned counsel for the petitioners took me through the orders passed by learned trial court in the suit from 03.03.2011 upto date, which are extracted in the grounds of revision. According to him, three DWs were brought on 19.05.2011 and their examination-in-chief alone was recorded and their cross-examination was deferred on the request of learned counsel for the plaintiffs. According to him, on the next day for which the witnesses were bound down, they failed to appear and they were ordered to be summoned by way of bailable warrants. There is nothing apparent from the order sheet thereafter as to what happened with the bailable warrants. It only appears that on 30.07.2011 two more witnesses were present but their statements could not be recorded on the request made by learned counsel for the plaintiffs. Thereafter, an application under Order 1 Rule 10 CPC was made for impleading Rajesh and Lilu as party, which was dismissed vide order dated 20.09.2011. Civil Revision No. 7440 of 2011 --3-- On 03.10.2011 the next day for evidence of the defendants, no evidence of the defendants was present and the case was adjourned to 19.10.2011 when the evidence of the defendants was closed. The brief summary of the orders passed in this case after conclusion of the evidence of the plaintiffs shows that the defendants are not much at fault for not concluding their evidence. On a couple of occasions, learned counsel for the plaintiffs refused to cross-examine the witnesses of the defendants and on another occasion, the witnesses, whose examination in chief had been recorded, failed to appear despite having been bound down to appear on the next date. In these circumstances, request of learned counsel for the petitioners for grant of more more opportunity does not seem to be unjustified. However, there had been so many opportunities granted to the defendants which were not availed and for that reason adequate costs are required to be imposed upon them. For the aforesaid reasons, the revision petition is allowed subject to payment of Rs.5000/- as costs and the impugned order is set aside. Learned trial court is directed to give one effective opportunity to the petitioners to produce their evidence at responsibility and they may be given dasti summons of any witness, if so desired. (VIJENDER SINGH MALIK) 02.12.2011 JUDGE dinesh