IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH C.R.No.813 of 2009 Date of order : 13.2.2009 Bhupinder Singh ......Petitioner(s) Versus Manjit Kaur ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr.Tribhawan Singla, Advocate for the petitioner. JASWANT SINGH,J(ORAL) Petitioner-plaintiff has filed this petition under Article 227 of the Constitution of India praying for setting aside order dated 8.12.2008 passed by the learned Additional Civil Judge(Sr.Division), Derabassi whereby the evidence of the petitioner was closed by order in a suit filed for specific performance of the agreement to sell dated 22.5.2000 against the respondent-defendant for execution of the sale deeds with respect to land measuring 5 bigha 1 biswa as described in the head note of the plaint. Learned counsel for the petitioner-plaintiff submits that the case was being adjourned from time to time for consideration of the Local Commissioner's report and also on the joint request of the counsel for the parties. He, however, admits that on the preceding date i.e 7.11.2008, no PW was present and the case was adjourned to 8.12.2008, however, due to communication gap between the petitioner-plaintiff and his counsel, two witnesses, who are left to be cross examined, could not be made present on that date. Learned counsel further prays for one last opportunity subject to payment of appropriate costs. After hearing learned counsel for the petitioner-plaintiff and C.R.No.813 of 2009 #2# perusing the various zimni orders produced by the petitioner in paras 4 to 11 of the petition, in my considered opinion, it cannot be said that the petitioners are deliberately delaying the matter. No prejudice shall be caused to the respondents-defendants if the remaining two witnesses are permitted to be cross-examined. Accordingly, order dated 8.12.2008 passed by the learned Additional Civil Judge(Sr.Division), Derabassi is set aside. Learned trial Court is directed to grant one effective opportunity to the petitioner-plaintiff to conclude his entire remaining evidence at his own responsibility subject to payment of Rs.5,000/- as costs to be paid to the respondent-defendant Manjit Kaur, on the next date or a date to be fixed by it. This order is being passed without issuing notice to the other party as it would result in unnecessarily delay in the matter and entail expenses for the other party. It is made clear that in case, other party is aggrieved by this order, she may file appropriate application for recalling the same. Petition stands disposed of with the abovesaid directions. February 13,2009 ( JASWANT SINGH ) manoj JUDGE