CR No.3752 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR No.3752 of 2011 Date of Decision: 02.06.2011 Firm Roop Milan Hotel & Restaurant Moga. . . .Petitioner Versus Sathi Roop Lal . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Rajesh Gupta, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. (ORAL) This revision petition is directed against order dated 16.5.2011 by which evidence of the petitioner has been ordered to be closed. Learned counsel for the petitioner has submitted that issues were framed on 13.4.2011 and the case was adjourned to 22.4.2011 for evidence of the petitioner, however, the said date was declared as holiday and the case was taken up on 23.4.2011. On that date, the petitioner could not produce his evidence and the case was adjourned to 29.04.2011. On 29.4.2011, the petitioner suffered a massive heart attack in the Court, consequently, he was operated upon at Dayanand Medical College, Ludhiana. This fact is recorded by the learned Rent Controller in his order dated 3.5.2011 and the case was adjourned to 16.5.2011 by granting one more opportunity to lead his entire evidence. On the said date the Court had closed the evidence of the petitioner by observing that he has not examined even himself so far and had not filed process fee and diet money for the witnesses to be examined. It was also observed that the application is lingering on for the last more than five years. Learned counsel for the petitioner has submitted that due to the unfortunate incident occurred on 29.4.2011, when the petitioner had suffered massive heart attack and was taken up to the hospital, the evidence could not be produced but now he is in a position to lead his entire evidence provided one last opportunity is granted to him subject to payment of cost. CR No.3752 of 2011 - 2 - After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the case from which I have found that the petitioner, who has been proceeded against ex parte is contesting the application for setting aside the ex parte order, had suffered heart attack and was operated upon as well, deserves one more opportunity to lead his entire evidence. Hence, the revision petition is allowed and the petitioner is granted one last opportunity to lead his entire evidence on the date to be fixed by the Court below subject to payment of `10,000/- as costs to the landlord. (RAKESH KUMAR JAIN) JUNE 02, 2011 JUDGE Vivek