C.R. No.1316 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.1316 of 2007 Date of Decision: 3.3.2008 Pritpal Singh and others .....Petitioners Vs. Smt.Jaswant Kaur and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms.Jigyasa Tanwar, Advocate for the petitioners. ... RAJIVE BHALLA, J (Oral) Prayer in this revision is to set aside the order dated 28.2.2007, passed by the Civil Judge (Junior Division), Khanna, closing the petitioners/plaintiffs evidence by order. Counsel for the petitioners submits that in order to secure the presence of the petitioners witnesses, who are all officials, necessary process fee and diet money was deposited, but summons could not be issued and/or service could not be effected. The learned trial Court, instead of taking steps to secure the presence of the official witnesses, closed the petitioners evidence by order. It is further asserted that Mohinder Singh, Kanungo did not appear despite service and bailable warrants were issued. Despite these facts, the learned trial Court closed the petitioners evidence. No one has put in appearance on behalf of the respondents. I have heard learned counsel for the petitioners and perused the impugned order. C.R. No.1316 of 2007 2 The submission by counsel for the petitioners that the witnesses summoned were all officials from the government departments, appears to be correct. Though responsibility to ensure service rested upon the petitioners, but as process fee and diet money were deposited and a witness was summoned by bailable warrants, the learned trial Court, should have taken steps to ensure the presence of official witness, instead of closing the petitioners evidence by order. Consequently, the revision petition is allowed and the order dated 28.2.2007 is set aside. The petitioners are granted one effective opportunity to produce their entire evidence, subject to payment of Rs.2500/- as costs. The learned trial Court shall facilitate the issuance of summons/notices to the witnesses. It is, however, made clear that no further opportunity shall be granted to the petitioners and in case they fail to lead evidence on the date fixed by the learned trial Court, their evidence shall be deemed to have been closed by order. 3.3.2008 ( RAJIVE BHALLA ) GS JUDGE