IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4945 of 2009 Date of Decision : 31.8.2009 Randhir Singh .......... Petitioner Versus Sandhura Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Siddharth Batra, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 19.8.2009, passed by the learned Addl. Civil Judge (Sr. Divn.), Tohana vide which evidence of the petitioner has been ordered to be closed. The impugned order reads as under :- “Conditional cost of Rs. 100/- has been deposited in District Legal Aid Authority Fund vide receipt No. 002154. Two Dws namely Mohar Singh and Baltej Singh are present and examined. Learned counsel for the defendant No.1 has tendered certain documents in his evidence. No other DW is present despite the second last opportunity. On perusal of file it reveals that case has already become history sheeted and requires earlier disposal. Though learned counsel for the defendant has requested that the expert to be examined by him not come due to illness yet the same does not seems to be genuine as no medical C.R. No. 4945 of 2009 -2- certificate of said witness has been placed on file. Resultantly, request for another adjournment for Dws declined and evidence of defendant is closed by the order of the cort. Now, case is adjourned to 08.10.2009 for rebuttal evidence if any as well as for final arguments.” Learned counsel for the petitioner has not challenged the order on merit and prays, that in the interest of justice, the petitioner may be granted one last opportunity to conclude his entire evidence at his 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, the present revision is allowed, the impugned order is set aside and the petitioner is granted one last opportunity to conclude his entire evidence on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/- as costs. 31.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE