Civil Revision No. 6316 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 6316 of 2011(O&M) Date of decision. 17.10.2011 M/s Active Promoters (P) Ltd. .... Petitioner Versus Prithvi Singh and others ...... Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. D.S. Patwalia, Advocate for the petitioner. **** Vijender Singh Malik, J. CM No.25056-CII of 2011 The application praying for exemption from filing certified copies of annexures is allowed. CR No. 6316 of 2011 This revision petition under the provisions of Article 227 of the Constitution of India has been brought by defendant no.1 against the order dated 24.08.2011 (Annexure P-4) passed by learned Civil Judge (Junior Division), Gurgaon, vide which the evidence of the petitioner has been closed by order of the court. Claiming that the fraud has been committed by the employees of defendant no.1 in execution of sale deed dated 09.06.2005 relating to the payment of the sale consideration, the said sale deed has Civil Revision No. 6316 of 2011 --2-- been challenged by the plaintiff Umrao. The said suit has been contested by the defendants. On 24.08.2011 the defendants had been leading their evidence. Finding no evidence of the defendants to be present, and sufficient last opportunities having been granted to the defendants, learned trial court found no justification for the request of learned counsel for the defendants for one more adjournment for the purpose. Hence, the evidence was closed by order of the court. Aggrieved by the aforesaid order, defendant no.1 has brought this revision petition. I have heard Shri D.S. Patwalia, learned counsel for the revision-petitioner and have gone through the record carefully. Learned counsel for the petitioner has earnestly requested for grant of one opportunity to the defendants to produce their evidence and has requested for grant of dasti summons to it for producing its witnesses. According to him, the opportunity could have been granted by learned trial court subject to payment of costs but the said course was not adopted by learned trial court and the evidence of the defendants was rather closed by way of the impugned order. A perusal of the order sheet, given in the revision petition, would show that last opportunity has been granted such a number of times that it had lost its meaning. The courts are to remember that last opportunity should be the last opportunity and this expression cannot be repeated every time an opportunity is granted after the grant of last opportunity. Civil Revision No. 6316 of 2011 --3-- However, keeping in view the facts and circumstances of this case, the defendants have to produce evidence to support their defence of validity of the sale deed and the case cannot be decided against them for failure of defendants to produce their evidence. The opportunity could have been granted by learned trial court subject to payment of costs. Consequently, the revision petition is allowed. The order dated 24.08.2011(Annexure P-4) is set aside, directing learned trial court to grant one clear opportunity to the petitioner, subject to payment of Rs.5000/- as costs for which dasti process be also issued for the witnesses sought to be examined on that date. (VIJENDER SINGH MALIK) JUDGE 17.10.2011 dinesh