IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.7716 of 2009(O&M) Date of Decision 23.12.2009 Bohar Singh @ Bhola Singh ...... Petitioner VERSUS Joga Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Sherry K.Singla, Advocate, for the petitioner. ***** A.N.JINDAL, J(ORAL): Challenge has been made to the order dated 29.10.2009, passed by Civil Judge (Junior Division), Gidderbaha, vide which the evidence of the petitioner-plaintiff (herein referred as 'the petitioner') has been closed by order, he has preferred this petition. The trial Court, while passing the impugned order, did not take into consideration the affidavit of the petitioner dated 24.08.2009 relating to his examination-in-chief. He, after tendering the affidavit, had already discharged his duty and it was the defendant who was to cross examine him. However, the Court closed the evidence of the petitioner without his cross examination. As such, the process adopted by the Court is unknown to legal process, resulting into miscarriage of justice and inviting interference. Resultantly, this petition is disposed of with direction to the trial Court to provide one opportunity to the petitioner to examine himself and his witnesses, subject to payment of Rs.2,000/- as costs. This petition is disposed of without issuing notice to the respondent(s) with a view to impart complete justice to the parties and to save huge expenses which may be incurred by the respondent(s) as also in order to avoid unnecessary delay in adjudication of the matter. If, still dissatisfied, the respondent(s) may move this Court for recalling this order. (A.N.Jindal) Judge 23.12.2009 mamta-II