Civil Revision No. 1378 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 1378 of 2010 (O&M) Date of decision : March 19, 2010 Malkiat Singh ....Petitioner versus Harpal Kaur ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rahul Chhatwal, Advocate, for the petitioner L.N. Mittal, J. (Oral) CM No. 6858.CII of 2010 Allowed as prayed for subject to all just exceptions. CM No. 6859.CII of 2010 The application is allowed and certified copy of impugned order Annexure P/3 annexed with the application is taken on record subject to all just exceptions. Civil Revision No. 1378 of 2010 Defendant has filed instant revision petition under Article 227 of the Constitution of India assailing order dated 19.2.2010, Annexure P/3, passed by learned Additional Civil Judge (Senior Division), Ferozepur whereby evidence of the defendant-petitioner has been closed by court Civil Revision No. 1378 of 2010 (O&M) -2- order. I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner states that the defendant- petitioner was granted seven opportunities in all for leading his evidence. The petitioner appeared as his own witness on the fourth opportunity. Examination-in-chief was recorded and cross-examination was deferred along with remaining evidence and thereafter the petitioner could not appear on three dates of hearing for cross-examination on account of ill health and also could not produce his remaining evidence. Learned counsel for the petitioner prays that the petitioner may be granted only one opportunity to lead his remaining evidence at own responsibility subject to payment of costs. Keeping in view all the circumstances, I am inclined to accept this prayer to meet the ends of justice. I intend to dispose of the instant revision petition without issuing notice to the respondent so as to avoid further delay in the disposal of the suit and to save respondent of the expenses she may have to incur for engaging counsel if notice of the revision petition is issued to the respondent. For the reasons recorded hereinabove, the instant revision petition is allowed and the trial court is directed to give only one more opportunity to the defendant-petitioner to lead his remaining evidence at own responsibility subject to payment of Rs 5000/- as costs. The petitioner may take assistance of the trial court for summoning evidence but no more opportunity shall be granted to the petitioner even on the ground of Civil Revision No. 1378 of 2010 (O&M) -3- non service of any witness or non appearance of any witness in spite of service or on any other ground whatsoever. ( L.N. Mittal ) March 19, 2010 Judge 'tiwana'