IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6283 of 2009(O&M) Date of Decision : 30.10.2009 Kirpal Kaur .....Petitioner Versus Jaswant Singh ......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Ms.Anita Sharma, Advocate for Mr.Gurcharan Dass, Advocate, for the petitioner. * * * SABINA,J(Oral) Respondent had filed a suit for recovery of damages and loss on account of loss of reputation and defamation on account of false complaints and false registration of case by the defendants. Notice of the suit was issued to the defendants. After the close of plaintiffs evidence, the case was listed for the first time for defendants evidence on 08.01.2007. Vide the impugned order, the evidence of the defendants was closed by order. Hence, the present revision petition. Learned counsel for the petitioner has submitted that after the application for dismissal of the suit was dismissed on 21.08.2009, only three days were granted to the petitioner to lead her evidence. In these circumstances, the impugned order was liable to be set aside and petitioner be granted one opportunity to lead her evidence. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Civil Revision No.6283 of 2009(O&M) ..2.. Although more than a dozen of opportunities were granted to the defendants for leading her evidence before the application for dismissal of the suit was filed but a perusal of the interim orders reveal that on many occasions, defendants witness was present but could not be examined as the original file, on the basis of which the witness was to make the statement, was in the custody of the police and the same had not been produced. In fact on few dates, time was requested for tracing out the concerned file. In these circumstances, it appears that despite the fact that a number of opportunities had been granted to the defendants to lead their evidence yet they could not be described to be completely negligent. Vide order dated 21.08.2009, application for dismissal of the suit was dismissed and the case was adjourned to 24.08.2009 for defendants evidence. Apparently, the said time was too short as the witness required to be examined by the petitioner was a Clerk of SSP office, Mohali and had to be summoned along with relevant record. In these circumstances, the ends of justice required that one more opportunity be granted to the defendants to lead their evidence. The other side can be compensated with costs. In case the defendants are allowed to lead their evidence, the lis between the parties would be disposed of on merits. Accordingly, this revision petition is allowed. The impugned order dated 24.8.2009 is set aside. Now the case is listed before the trial court on 31.10.2009. The trial court is directed to grant one opportunity to the defendants to lead their evidence subject to payment of Rs.2500/- as costs. The trial court shall give at least two weeks time to the defendants to lead their evidence when the case is adjourned for defendants evidence on 31.10.2009. Civil Revision No.6283 of 2009(O&M) ..3.. Copy be given dasti on usual charge October,30 2009. (SABINA) Seema-II Judge