Civil Revision No. 5148 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5148 of 2009 (O&M) Date of decision: 09.09.2009 Ram Kumar ....Petitioner Versus Ishwar Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Arun Singal, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) CM No. 21424-CII of 2009 Allowed. The applicant-petitioner is permitted to place on record certain annexures and is exempted from filing the certified copy of Annexure P-2. CR No. 5148 of 2009 This revision petition is directed against the order dated 18.8.2009 passed by the learned Additional Civil Judge (Senior Division), Panipat, vide which the evidence of the petitioner has been ordered to be closed. The order passed reads as under: - “Two witnesses of the defendants are present and cross examination completed. Request for adjournment as two other witnesses, who tendered their affidavits on the last date of hearing, have not appeared today. But the perusal of the file reveals that defendants has already availed four effective opportunities for leading evidence. Civil Revision No. 5148 of 2009 (O&M) -2- Moreover this was the last opportunity for the defendants to conclude their evidence in this old case, which falls in the list of oldest cases, which have been identified under the orders of the Hon'ble High Court for disposal during the current calendar year. So remaining evidence of the defendants is closed by the court order. Now to come up on 27.8.09 for rebuttal evidence, if any and final arguments.” Learned counsel for the petitioner has not challenged the order on merits and prays that in the interest of justice, the petitioner may be granted one last opportunity to conclude his evidence with the assistance of the Court, 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, I feel that interest of justice would be served if the petitioner is granted one last opportunity to conclude his entire evidence on the date to be fixed by the learned trial Court. The learned trial Court is directed to give assistance for summoning the witnesses to be examined by the petitioner. However, this shall be subject to payment of Rs.5,000/- (Rupees five thousand only) as costs. Disposed of. (Vinod K. Sharma) Judge September 09, 2009 R.S.