C.R. No. 5269 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 5269 of 2009 Date of Decision : 14.9.2009 Dialo alias Gurdial Kaur & another .......... Petitioners Versus Jarnail Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. R.D.Dhaliwal, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 25.8.2009, passed by the learned Addl. Civil Judge (Sr. Divn.), Sunam vide which the evidence of the petitioners has been ordered to be closed for not concluding the evidence in spite of availing number of opportunities. The order impugned reads as under :- “One witness has been examined and thereafter defendant has closed oral evidence and has requested adjournment for tendering documents. In the present case, defendant has availed number of opportunities including last opportunity. As such, no ground is made out for further adjournment for tender of documents even and oral C.R. No. 5269 of 2009 2 evidence of defendant is also closed. To come up on 22.9.2009 for rebuttal evidence, if any and arguments.” Learned counsel for the petitioners has not challenged the order on merit but prays that in the interest of justice, the petitioner may be granted only one last opportunity to tender the documentary evidence on the date fixed by the Court for rebuttal evidence i.e. 22.9.2009 at their 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 petitioners are granted one last opportunity to tender the documents on the date fixed by the Court for rebuttal evidence i.e. 22.9.2009. Accordingly, the present revision is allowed, the impugned order is set aside and the petitioners are granted one last opportunity to tender the documents on the date fixed by the Court for rebuttal evidence i.e. 22.9.2009. However, this shall be subject to payment of Rs. 5000/- (Rupees five thousand only) as costs. 14.9.2009 ( VINOD K. SHARMA ) 'sp' JUDGE