Civil Revision No. 3332 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3332 of 2009 (O&M) Date of decision: 23.07.2009 Ram Singh ....Petitioner Versus Resham Singh and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Rajesh Narang, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) CM No. 13807-CII of 2009 Allowed as prayed for. CR No. 3332 of 2009 This revision petition is directed against the order dated 20.4.2009 passed by the learned Civil Judge (Junior Division), Fazilka, closing the evidence of the petitioner herein. The impugned order reads as under: - “One DW is present and examined. No other DW is present. Adjournment requested, which is highly opposed. Perusal of the file shows that defendant has already availed several opportunities to conclude his Civil Revision No. 3332 of 2009 (O&M) -2- entire evidence but defendant has failed to conclude his entire evidence. Therefore, I find no justification to further adjourn the case for evidence of the defendant. Hence, the evidence of the defendant is closed by order. Now to come up on 4.5.2009 for rebuttal evidence and arguments.” Notice of motion was issued. Respondents evaded service, and in spite of affixation, nobody has put in appearance. Learned counsel for the petitioner has not challenged the order on merits and prays that in the interest of justice, the petitioner may be granted one last opportunity to conclude his evidence at his own risk and responsibility. In view of the stand taken by the learned counsel for the petitioner and without going into the merits of the case, I feel that interest of justice would be served if the petitioner is granted one last opportunity to conclude his entire evidence at his own risk and responsibility on the date to be fixed by the learned trial Court. The learned trial Court, however, is directed to give assistance to summon the official and other witnesses, if any, which are required to be examined. However, this shall be subject to payment of Rs.5,000/- (Rupees five thousand only) as costs. Disposed of. (Vinod K. Sharma) Judge July 23, 2009 R.S.