C.R. No.451 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.451 of 2008 Date of Decision: 18.2.2008 Rajiv Kumar and others .....Petitioners Vs. Sushil Kumar and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.C.B. Goel, Advocate for the petitioners. None for the respondents. RAJIVE BHALLA, J (Oral) Prayer in this revision is to set aside the order dated 10.1.2008 passed by Civil Judge, (Senior Division), Gurgaon, closing the petitioners evidence by order Counsel for the petitioners submits that they had deposited the process fee and diet money for summoning of an official witness,namely; Ravinder Kumar, Copying Clerk in the Court of Sh.Sanjeev Kumar, Additional District Judge, Gurgaon on 11.8.2007. However, no summons were issued. The learned trial Court instead of issuing summons, closed the petitioners evidence by order. Despite service, no one has put in appearance on behalf of the respondents. I have heard learned counsel for the petitioners and perused the impugned order. The submissions made by counsel for the petitioners appears to be correct. The learned trial Court, should have in all fairness to the C.R. No.451 of 2008 2 petitioners, as also in the interest of justice, directed summoning of the official witness as diet money and process fee stood deposited. In this view of the matter, the present revision petition is allowed and the order dated 10.1.2008 is set aside. The learned trial Court shall grant one effective opportunity to the petitioners, to lead their entire evidence, subject to payment of Rs.5000/- as costs, on which date, the petitioners shall adduce their entire evidence. It is made clear that in case the petitioners do not adduce their entire evidence on a date to be fixed by the trial Court, their evidence shall be deemed to have been closed by order. 18.2.2008 ( RAJIVE BHALLA ) GS JUDGE