C.R. No. 932 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 932 of 2011 Date of decision : 9.2.2011 Dinesh Seth ......Petitioner Versus Dharampal Seth and others .......Respondents **** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. O.P. Goyal, Senior Advocate with Mr. Anandeshwar Gautam, Advocate, for the petitioner. **** SABINA, J. Plaintiff had filed suit for declaration that they were owners in possession of the suit land. The case was adjourned for plaintiffs evidence on 18.9.2010 to 27.10.2010. Thereafter, the case was adjourned to 16.11.2010, 9,12.2010 and 18.1.2011 for plaintiffs' evidence. On 9.12.2010 the case was adjourned for plaintiffs' evidence subject to payment of ` 500/- as costs. However, on 18.1.2011 neither the costs were paid nor any evidence was led by the plaintiffs. Hence, the trial Court closed the evidence of the plaintiffs by order. Aggrieved by the said order, petitioner-plaintiff has filed the present petition. Learned Senior counsel for the petitioner has submitted that now the case is listed before the trial Court on 21.2.2011. The plaintiffs will conclude their evidence on the said date at their own risk and responsibility. C.R. No. 932 of 2011 2 After hearing the learned Senior counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Although, the plaintiffs had failed to pay the costs or lead their evidence on 18.1.2011, but in the interest of justice it would be appropriate to allow the plaintiffs to lead their evidence on 21.2.2011, the date fixed before the trial Court. In case the plaintiffs are allowed to lead their evidence, the dispute between the parties will be disposed of on merits. Moreover, the other side can be compensated with costs. Accordingly, this petition is allowed. The impugned order is set aside. Plaintiffs are allowed to lead their entire evidence on 21.2.2011, the date fixed before the trial Court, at their own risk and responsibility subject to payment of ` 20,000/- as costs. (SABINA) JUDGE February 9, 2011 Anand