C.R. No.1742 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1742 of 2008 Date of Decision: 20.3.2008 Harmeet Singh .....Petitioner Vs. Rupinder Singh ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Anil Shukla, Advocate for the petitioner. RAJIVE BHALLA, J (Oral) Prayer in this revision is to set aside the order dated 29.2.2008 passed by the learned Rent Controller, Chandigarh, whereby the petitioner's evidence has been closed by order. Counsel for the petitioner submits that the petitioner-defendant commenced his evidence on 1.8.2007. On 25.9.2007, 30.10.2007, 21.11.2007 and 7.12.2007, three witnesses were present but were not cross- examined by the respondent. The case was, thereafter, fixed for 28.1.2008 but was taken up on 25.1.2008 and it was adjourned to 29.2.2008, as the Presiding Officer was on leave. On 29.2.2008, two witnesses, who were present, were cross examined and the petitioner's evidence was closed by order. It is, therefore, asserted that the petitioner was not at fault in leading his evidence and the trial Court was not justified in closing the petitioner's evidence by order. I have heard learned counsel for the petitioner and perused the impugned order. C.R. No.1742 of 2008 2 I find no reason to doubt the correctness of facts asserted by counsel for the petitioner. The petitioner has produced his witnesses on the dates noticed herein above and therefore, the learned trial Court was not justified in closing his evidence by order. Consequently, the revision petition is allowed and the order dated 29.2.2008 is set aside. The learned trial Court is directed to grant one effective opportunity to the petitioner to lead his entire evidence, subject to payment of Rs.5,000/- as costs. It is made clear that no further opportunity shall be granted. Notice is not being issued to the respondent, as it would entail unnecessary expenditure and cause further delay. The respondent is, however, being compensated with costs. In case, he has any grievance, he will be at liberty to approach this Court for recalling of the order. 20.3.2008 (RAJIVE BHALLA) GS JUDGE