IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4915 of 2011 (O&M) Date of decision: 17th August, 2011 Anup Singh … Petitioner Versus Manohar Singh … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.S. Bajaj, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed aggrieved against the order passed by the trial Court, whereby evidence of the petitioner- defendant was closed and the case was posted for 28th July, 2011 for rebuttal evidence and for arguments. Mr. R.S. Bajaj, Advocate appearing on behalf of the petitioner-defendant, states at bar that on 28th July, 2011 no proceedings had taken place and the case was adjourned to 20th August, 2011. Mr.Bajaj further states that the petitioner has to examine only two witnesses, namely Jaswant Kaur, Ex-Sarpanch and Gurcharan Singh. Learned counsel submits that in case one opportunity is granted to the petitioner, both the aforesaid witnesses will be examined at the risk and responsibility of the petitioner-defendant. Taking into consideration the fair play and balance of equities, this Court is of the opinion that an opportunity ought to be granted to the petitioner-defendant to conclude his evidence. However, since he had availed of many opportunities, the respondent-plaintiff is to Civil Revision No.4915 of 2011 (O&M) be compensated in monetary terms by imposing cost upon the petitioner-defendant. Accordingly, present petition is allowed and the trial Court is directed to afford one effective opportunity to the petitioner-defendant to examine the aforesaid two witnesses, namely Jaswant Kaur, Ex- Sarpanch and Gurcharan Singh at his own risk and responsibility, subject to payment of cost of Rs.5,000/-. [KANWALJIT SINGH AHLUWALIA] JUDGE August 17, 2011 rps 2