CR No. 3337 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 3337 of 2011 Date of Decision: 19.5.2011. Krishan Kumar .......Petitioner Vs. Smt. Kasturi Devi & others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Navneet Singh, Advocate for the petitioner. ..... SABINA, J. Petitioner-plaintiff has filed the suit for declaration and permanent injunction. Vide the impugned order dated 26.4.2011, the evidence of the petitioner was closed by the trial court. Hence, the present petition. Learned counsel for the petitioner has submitted that the petitioner had moved an application for summoning the Halqa Patwari along with relevant record. The summons were, however, received back as the Patwari was not found present at the spot. Thus, the petitioner had done the needful and was not at fault as the summons qua the witness had been received back unserved. Learned counsel for the petitioner has submitted that only one opportunity be allowed to the petitioner to enable him to examine the Halqa Patwari. After hearing learned counsel for the petitioner, CR No. 3337 of 2011 -2- I am of the opinion that the instant petition deserves to be allowed. The case before the trial court is fixed for 3.8.2011 for defendants evidence. The plaintiff had deposited the requisite fee qua summoning of the Halqa Patwari. However, the summons were received back unserved as the Patwari was not found present at the spot. Thus, the petitioner-plaintiff had done his duty. In case, the petitioner is allowed one more opportunity to conclude his evidence, the lis between the parties will be disposed of on merits. Accordingly, this petition is allowed. The trial court is directed to allow the petitioner to examine his witness on 3.8.2011 at his own risk and responsibility and thereafter, the trial court shall proceed with the case further, in accordance with law. The trial court shall give dasti summons to the plaintiff to effect service on the witness/Halqa Patwari. (SABINA) JUDGE May 19, 2011 Gurpreet