IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 3368 of 2010 Date of Decision: 17.09.2010 Balwinder Singh .... Petitioner Versus F.C.I. and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Vinod K. Kataria, Advocate for the petitioner Mr. C.M. Sharma, Advocate for respondent No. 1 ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 23.3.2010 passed by Civil Judge (Sr. Divn.) Faridkot thereby closing the evidence of the defendant-petitioner. This Court has issued notice of motion vide order dated 20.5.2010, keeping in mind the golden rule that none should be given walk over and case between the parties, as far as possible, should be decided on merits. In the pecular facts and circumstances of the case, I direct that parties shall appear before the trial Court on 21.9.2010, the date already fixed and on that date trial Court shall fix a date for the defendant to lead defendants evidence. On the date so fixed by the trial Court defendant-petitioner shall produce entire evidence. Witnesses so produced shall be examined on the date fixed and if all the defence witnesses are not examined for any reason then trial Court shall be at liberty to hold day to day trial or fix any other date convenient to the trial Court. Defendant-petitioner shall pay C.R. No. 3368 of 2010 2 Rs. 2000/- as costs to the plaintiff. After the evidence of the defendant-petitioner, plaintiff-respondent shall be at liberty to lead evidence in rebuttal, if so required by the trial Court. Petition stands disposed of accordingly. (ALOK SINGH) 17.09.2010 JUDGE reena