C.R. No. 74 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 74 of 2009 (O&M) Date of decision: January 9, 2009 Jhangi Ram .. Petitioner v. Kishan Chand .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. N. S. Shekhawat, Advocate for the petitioner. .. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside orders dated 15.12.2008 (Annexure P.1), whereby the evidence of the petitioner-defendant has been closed by order of the court. For the view, I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent-plaintiff as the same would unnecessarily delay not only the disposal of the present petition but also the suit as well. The present proceedings arise out of an order passed by the court in a suit filed by the respondent-plaintiff for permanent injunction. The evidence of the petitioner started on 23.7.2008 and was closed by order dated 15.12.2008. When the evidence was closed, one of the defendant's witness was examined. However, as other witnesses were not available, the evidence was closed. Learned counsel for the petitioner submitted that even the statement of the petitioner-defendant has not been recorded and in case one opportunity is granted, he will produce the entire evidence at his own risk and responsibility. on the next date of hearing, which is 17.1.2009. Having heard learned counsel for the petitioner and keeping in view the interest of justice, I deem it appropriate to grant one last opportunity to the petitioner-defendant to lead his evidence by producing the entire evidence, on the date already fixed, i.e., 17.1.2009. However, the same shall be subject to payment of Rs. 2,000/- as costs to the respondent-plaintiff. The petitioner will be at liberty C.R. No. 74 of 2009 [2] to take help of the court to issue summons for the witnesses. However, it is made clear that no further opportunity shall be granted to the petitioner-defendant in case he fails to complete his evidence on the date fixed. The revision petition is disposed of in the aforesaid manner. (Rajesh Bindal) Judge 9.1.2009 mk