C.R. No. 28 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 28 of 2009 (O&M) Date of decision: January 7, 2009 Baljit Singh .. Petitioner v. Karamjit Singh .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S.S. Dinarpur, 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 orders dated 22.7.2008 (Annexure P.1) and 23.9.2008 (Annexure P.3), whereby the evidence of the petitioner-defendant has been closed by order of the court and even the application for re-calling the order has also been dismissed. For the view, I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent-plaintiff as the same would unnecessarily delay not only the disposal of the present petition but also the suit as well. The present proceedings arise out of an order passed by the court in a suit filed by the respondent-plaintiff for possession by way of specific performance of agreement to sell dated 28.11.2001. The evidence of the petitioner started on 11.10.2007 and was closed by order dated 22.7.2008 after granting more than three opportunities. Learned counsel for the petitioner submitted that the respondent- plaintiff had taken almost three years to complete his evidence. No doubt, the petitioner had been granted more than three opportunities for leading his evidence, however, one official witness from the office of Sub Registrar is to be produced, whose evidence is quite material for the purpose of decision of the suit and in case one opportunity is granted, he will produce the witness at his own risk and responsibility on the next date of hearing, which is 15.1.2009. Having heard learned counsel for the petitioner and keeping in view the interest of justice, I deem it appropriate to grant one last opportunity to the C.R. No. 28 of 2009 [2] petitioner-defendant to lead his evidence by producing the witness, i.e., official from the office of Sub Registrar on the date already fixed, i.e., 15.1.2009. However, the same shall be subject to payment of Rs. 5,000/- as costs to the respondent-plaintiff. The petitioner will be at liberty to take help of the court to issue summon for the witness. However, it is made clear that no further opportunity shall be granted to the petitioner-defendant in case he fails to complete his evidence on the date fixed. The revision petition is disposed of in the aforesaid manner. (Rajesh Bindal) Judge 7.1.2009 mk