Civil Revision No.5122 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Civil Revision No.5122 of 2009 Date of decision: 20.11.2009 Nasib Singh ......petitioner Versus Gurmej Singh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Nitin Thatai, Advocate for the petitioner. Ms.Ravinder Kaur Manaise, Advocate, for the respondent. **** SABINA, J. Plaintiff-Respondent Gurmej Singh filed a suit for recovery on the basis of pronote and receipt dated 20.10.2003. vide the impugned order dated 27.8.2009, the evidence of the petitioner- defendant was closed by order. Hence, the present revision petition has been filed under Article 227 of the Constitution of India by the petitioner-defendant. Learned counsel for the petitioner has submitted that one opportunity be granted to the petitioner to conclude his evidence. Now the case is fixed before the trial Court on 27.11.2009. Learned counsel for the respondent, on the other hand, Civil Revision No.5122 of 2009 2 has submitted that already sufficient opportunities had been granted to the petitioner to conclude his evidence but he had failed to do so. Learned counsel further submits that on 6.8.2009, the last opportunity was granted to the petitioner-defendant to lead his evidence on the basis of statement made by his counsel. After hearing learned counsel for the parties, I am of the opinion that this petition deserves to be allowed. Although four opportunities were granted to the petitioner to conclude his evidence yet he had failed to do so but in the interest of justice, it would be appropriate to allow one more opportunity to the petitioner to conclude his evidence at his own risk and responsibility. In case the petitioner is allowed to lead his evidence, the lis between the parties will be disposed of on merits. Moreover, the other side can be compensated with costs. Accordingly, this petition is allowed. The trial Court is directed to grant one opportunity to the petitioner to lead his evidence at his own risk and responsibility, subject to payment of Rs.2,500/- as costs. The trial Court shall adjourn the case on 27.11.2009 for petitioner's evidence and thereafter, the trial Court shall proceed with the case further in accordance with law. (SABINA) JUDGE November 20, 2009 anita