Civil Revision No. 329 of 2010 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 329 of 2010 (O&M) Date of decision : 10.2.2010 Harminder Kaur Garcha ..... Petitioner vs Amar Tyres (P) Ltd. ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashu Kaushik, Advocate, for the petitioner. Mr. Aman Bahri, Advocate, for the respondent. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 19.11.2009 passed by the learned court below, whereby evidence of the petitioner/ defendant was closed by order of the court. The proceedings in the present case arise out of a suit filed by the respondent/plaintiff against the petitioner/defendant. Learned counsel for the petitioner submitted that the suit was filed by the plaintiff in the year 1999. The plaintiff closed its evidence on 26.9.2007 and the case was fixed for the first time for defendant's evidence on 9.10.2007. On 14.11.2007, the petitioner/defendant filed application for recalling PW4 and the case was adjourned to 21.11.2007 for filing reply as well as for consideration of application. Thereafter, on many dates the case was adjourned for consideration of application filed by the petitioner/defendant for recalling PW4 for further cross-examination. Finally PW4 was cross-examined on 15.10.2009 and the case was adjourned to 19.11.2009 for defendant's evidence on which date the impugned order was passed closing the evidence of the petitioner. Learned counsel for the petitioner submitted that in fact the defendant was granted only one opportunity as earlier the case was being adjourned for consideration of application filed by her for recalling of PW4. Learned counsel further submitted that in case one opportunity is granted, the petitioner will complete her entire evidence on the date to be fixed by the learned court below. Civil Revision No. 329 of 2010 (2) The facts submitted by the learned counsel for the petitioner are borne out from the record. As is evident from the zimni orders, it is not that only the petitioner was responsible for taking adjournments. As the application filed by her for recalling PW4 remained pending for about two years for one reason or the other, she could not lead her evidence. The case is stated to be fixed before the court below tomorrow i.e. on 11.2.2010. In view of the above facts and circumstances, while setting aside the impugned order dated 19.11.2009, closing the evidence of the petitioner, the learned court below is directed to grant one opportunity to the petitioner for completing her evidence on the date to be fixed by it. The same shall be subject to payment of Rs. 5,000/- as costs to the respondent. It is, however, made clear that no further opportunity shall be granted to the petitioner in case she fails to complete her entire evidence on the date to be fixed by the court below after 11.2.2010. The revision petition is disposed of in the manner indicated above. 10.2.2010 ( Rajesh Bindal) vs. Judge