Civil Revision No. 3016 of 2009 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 3016 of 2009 (O&M) Date of decision : 25.5.2009 Surjit Lal ..... Petitioner vs Bakhshish Singh and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S. S. Chandi, 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 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 respondents, as the same would unnecessarily delay not only the disposal of the present petition but also the civil suit as well. The proceedings in the present case arise out of a suit for possession by way of specific performance filed by respondent no. 1/ plaintiff against the petitioner and respondents no. 2 and 3. Learned counsel for the petitioner submitted that the suit was filed by respondent no.1/plaintiff on 13.12.2005. The evidence of the plaintiff was concluded on 22.12.2008 and the case was posted for petitioner's evidence on 29.1.2009. As the Presiding Officer was on leave from 28.1.2009 to 31.1.2009, the case was adjourned to 2.3.2009. Thereafter, the petitioner could not lead evidence because his close relative was injured in an accident. He further submitted that in case one opportunity is granted, the petitioner will complete his entire evidence on the date fixed. The facts submitted by the learned counsel for the petitioner are borne out from the record. It is evident from the paper-book that on one date the Presiding officer was on leave and thereafter close relative of the petitioner met with an accident, as a result of which he could not produce Civil Revision No. 3016 of 2009 (2) evidence on the date fixed. The case is stated to be fixed before the learned court below on 15.6.2009. 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. 2,500/- as costs to the respondent/plaintiff. The petitioner is at liberty to get the summons issued for the official witnesses through the court. It is, however, made clear that no further opportunity shall be granted to the petitioner in case he fails to complete his entire evidence on the date fixed. The revision petition is disposed of in the manner indicated above, however with liberty to respondent no.1/plaintiff to file application before this court in case he is aggrieved against the order passed. 25.5.2009 ( Rajesh Bindal) vs. Judge