C.R. No. 905 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 905 of 2011 (O&M) Date of decision : 8.2.2011 Sham Lal ......Petitioner Versus Suraj Bhan .......Respondent **** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. Vipul Aggarwal, Advocate, for the petitioner. **** SABINA, J. Plaintiff had filed suit for recovery of ` 7,66,075/-. Issues were framed on 5.9.2006. Thereafter, the case was adjourned from time to time for plaintiff's evidence. However, the evidence of the plaintiff was closed vide the impugned order dated 16.12.2010. Learned counsel for the plaintiff has submitted that now the case is listed before the trial Court on 17.2.2011 and the plaintiff will lead his entire evidence on the said date at his own risk and responsibility. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed. Although, in the present case plaintiff has already been granted sufficient opportunity to conclude his evidence, but in the interest of justice it would be appropriate to allow one opportunity to the plaintiff to conclude his evidence. In case the plaintiff is allowed to lead his evidence, the dispute C.R. No. 905 of 2011 (O&M) 2 between the parties will be disposed of on merits. Moreover, the other side can be compensated with costs. Accordingly, this petition is allowed. The impugned order is set aside. Plaintiff is allowed to lead his entire evidence at his own risk and responsibility on the date fixed before the trial court i.e. 17.2.2011, subject to payment of ` 10,000/- as costs. However, no further opportunity will be granted to the plaintiff to lead his evidence thereafter. (SABINA) JUDGE February 8, 2011 Anand