Civil Revision No. 3117 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 3117 of 2009 (O&M) Date of decision : 27.5.2009 Kanwar Pal ..... Petitioner vs Tilku ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vikram Singh, Advocate, for the petitioner. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 5.5.2009 passed by the learned court below, whereby evidence of the petitioner/ plaintiff was closed by order of the court. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent, as the same would unnecessarily delay not only the disposal of the present petition but also the suit as well. Learned counsel for the petitioner submitted that suit for recovery of Rs. 75,680/- was filed by the petitioner against the respondent on 15.6.2005. Two witnesses were examined by the petitioner on 7.10.2008 and on the request of counsel for the respondent, cross-examination of PW2 was deferred for 9.12.2008. On 9.12.2008, witness was not present despite service and he was summoned through bailable warrants and the case was adjourned to 13.1.2009. On 13.1.2009, two witnesses were examined and the case again adjourned for 17.2.2009, on the request of counsel for the respondents for cross-examination and for remaining evidence of the petitioner. On 17.2.2009 no evidence was available and the case was adjourned to 5.5.2009 on which date the evidence of the petitioner was closed by order of the court. Learned counsel further submitted that in case one opportunity is granted, the petitioner will complete his entire evidence on the date already fixed by the trial court i.e. 2.6.2009. The facts submitted by the learned counsel for the petitioner are borne out from the record. It is not a case where the petitioner was not leading evidence rather he has examined four witnesses and their part cross- Civil Revision No. 3117 of 2009 (2) examination was deferred on the request of counsel for the respondent as is evident from the paper-book. The trial is stated to be fixed for 2.6.2009. Accordingly, while setting aside the impugned order dated 5.5.2009, closing the evidence of the petitioner, the learned court below is directed to grant one opportunity to the petitioner for completing his evidence on the date already fixed by the court. The same shall be subject to payment of Rs. 1,000/- as costs to the respondent. It is, however, made clear that no further opportunity shall be granted to the petitioner in case he fails to complete the entire evidence on the date fixed. The revision petition is disposed of in the manner indicated above. In case the respondent is aggrieved against the aforesaid order he shall be at liberty to file application for recalling or modification of the same. Copy of the order be given dasti on payment of usual prescribed fee. 27.5.2009 ( Rajesh Bindal) vs. Judge