Civil Revision No.5911 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5911 of 2010 (O&M) Date of decision: 14.09.2010 Pawan Kumar .....Petitioner Versus Shaffi and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. Vivek Suri, Advocate, for the petitioner. VINOD K.SHARMA, J. (ORAL) The petitioner has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 30.8.2010, passed by the learned Civil Judge (Junior Division), Fazilka, vide which the evidence of the petitioner was ordered to be closed by passing the following order: - “No evidence of the plaintiff is present again today. The perusal of the record reveals that as many as 13 (thirteen) effective opportunities have been availed by the plaintiff for producing evidence and many a times last opportunities were extended to the plaintiff for producing evidence. The perusal of the record further reveals that once even the heavy costs were imposed but without any result and even till date the plaintiff has failed to conclude his evidence. A request for adjournment is made which is opposed by the opposite counsel. There is no justification for granting any further opportunity for this purpose . Therefore, in these circumstances the evidence of the plaintiff is hereby closed by order. No to come upon 14-9- 2010 for evidence of the defendants. PF/DM, list of witnesses be filed within seven days.” Learned counsel for the petitioner does not contest the case on merits and prays that in the interest of justice, the petitioner be granted Civil Revision No.5911 of 2010 (O&M) -2- one last opportunity to conclude his entire evidence at his own risk and responsibility, subject to assistance of the Court in summoning the official witneses. In view of the stand taken by the learned counsel for the petitioner, this Court feels that it would be in the interest of justice 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, subject to assistance of the Court in examining the official witnesses. It shall be the duty of the petitioner to serve the official witnesses. “Ordered accordingly.” However, this shall be subject to payment of Rs.5,000/- (Rupees five thousand only) as costs. Disposed off. (Vinod K. Sharma) Judge September 14, 2010 R.S.