In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 2127 of 2009 Date of decision: April 21, 2009 Hans Raj .. Petitioner Vs. Mahla Singh .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Vikas Kumar, Advocate for the petitioner. A.N. Jindal, J The petitioner by way of the present petition under Article 227 of Constitution of India, assails the order dated 28.2.2007 (Annexure P-1) and 26.11.2008 (Annexure P-2), whereby the evidence of the plaintiff- petitioner (herein referred as the plaintiff) was closed by order and his application for recalling the order was also dismissed. The grounds set up by the plaintiff appear to be genuine as he has stated that Mr. H.P.S. Khurana, Advocate engaged by him in the case had gone to Canada without informing him, therefore, his evidence was closed by order on 28.2.2007. He never intended to be absent and on the same day he reached the court and moved application for re-calling the order. He has also got prepared his affidavit to examine himself in the witness box but the court did not take into consideration this fact. The evidence appears to have been closed by order by the Court for the fault on the part of Mr. H.P.S. Khurana, Advocate who had left for Canada without informing the plaintiff. Resultantly, in order to impart complete justice to the parties and full opportunity to the plaintiff, the revision petition is accepted, the impugned orders are set aside and the plaintiff is directed to complete his evidence within three months positively subject to payment of Rs.5000/- as costs. This petition is disposed of without issuing notice to the respondent with a view to impart complete justice to the parties and to save Civil Revision No. 2127 of 2009 -2- *** the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move to this court for recalling this order. April 21, 2009 (A.N. Jindal) deepak Judge