IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5175 of 2011 (O&M) Date of decision: 1st September, 2011 M/s Sundesh Springs (P) Ltd. … Petitioner Versus M/s P.L. Steel Industries … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Surinder Singh Siao, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed praying that the order dated 19th August, 2011 (Annexure P-1) passed by the Court of Civil Judge (Junior Division), Ludhiana be set aside. A perusal of the impugned order (Annexure P-1) reveals that on 19th August, 2011 the Court of Civil Judge (Junior Division), Ludhiana has closed the defendant’s evidence by order of the Court. The trial Court has stated that even though last and final opportunity was afforded to the defendant to conclude his evidence no witness was present. Counsel for the petitioner-defendant states that on 19th August, 2011 case was adjourned to 26th August, 2011, on which date no proceedings had taken place and the matter was adjourned to 7th September, 2011. Learned counsel further states that he has to examine only one witness namely Manoj, Assistant Accountant of the petitioner- Firm. He submits that on the next date of hearing this witness will be produced at the risk and responsibility of the petitioner-defendant. Counsel further submits that for causing delay in culmination of the Civil Revision No.5175 of 2011 (O&M) proceedings, the petitioner-defendant is ready and willing to compensate the respondent-plaintiff in monetary terms. I find merit in this contention advanced by counsel for the petitioner-defendant. Accordingly, the present petition is accepted and the impugned order dated 19th August, 2011 (Annexure P-1) is set aside. Taking into account the balance of equities and fair play, case is made out to grant one effective opportunity to the petitioner-defendant to examine Manoj, Assistant Accountant of the petitioner-Firm subject to payment of cost of Rs.5000/-. [KANWALJIT SINGH AHLUWALIA] JUDGE September 1, 2011 rps 2