C.R. No. 6296 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 6296 of 2009 Date of Decision: November 3, 2009 Giani Ram …..Petitioner Vs. Devender Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Remender Chauhan, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated August 13, 2009, the Additional Civil Judge (Senior Division), Bhiwani has closed the evidence of the defendant- petitioner after giving three last opportunities to the defendant- petitioner to conclude their evidence. Counsel for the defendant- petitioner has neither been able to point out as to what evidence is required to be produced by the defendant. C.R. No. 6296 of 2009 [2] A perusal of the record indicates that two DWs i.e. Giani Ram and Umedh Singh who were examined in-chief on July 29, 2009, were cross-examined on July 30, 2009 whereas one DW Azad Singh who was present in the Court, his examination could not be conducted as such last opportunity was extended to August 13, 2009. Counsel for the defendant- petitioner has informed that the next date of hearing fixed before the trial Court is November 10, 2009. Apparently there does not appear to be any illegality or irregularity in the impugned order passed by the trial Court closing the evidence of the defendant but since one witness DW Azad Singh, could not be examined and the case was adjourned for his examination and for remaining evidence of defendants for August 13, 2009, without expression of any opinion regarding the reasons for non-production of defence witnesses, in the interest of justice, the impugned order dated August 13,2009 is hereby set aside with a direction that defendant- petitioner will produce his all witnesses mentioned in the list of witnesses including DW Azad Singh on November 10, 2009 subject to payment of Rs.3000/- as costs. It is made clear that in case the witnesses are not produced at own responsibility or the cost is not paid, this revision petition will be deemed to have been dismissed. It is observed here that this Court has opted to dispose of this matter in limine to save the time and money of the respondents and keeping in mind the interest of justice. It will be open to the defendant- petitioner to tender documentary evidence subject to admissibility of the same on November 10, 2009. It is made clear that no C.R. No. 6296 of 2009 [3] opportunity will be granted to summon any witness by filing any fresh application to prove any document which has not yet been placed on record. Disposed of in the aforesaid terms. Copy of the order be communicated through fax. November 3, 2009 (M.M.S.BEDI) sanjay JUDGE