In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4148 of 2003 Date of decision: May 27, 2009 State Bank of India .. Petitioner Vs. M/s Parko Industries & others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: None. A.N. Jindal, J The plaintiff-petitioner (herein referred as 'the petitioner') has assailed the order dated 2.5.2003 passed by the Additional Civil Judge (Sr. Division), Phillaur, closing the evidence of the plaintiff by order. The suit involves the recovery of Rs.5,51,761-80P against the cash credit limit. The order does not reveal as to if on the said six opportunities who was at fault. The petitioner, in the grounds of revision has taken a specific plea that evidence of PW-1 Sita Ram Manager, State Bank of India Sansarpur (HP) and PW-2 Vijay Bhushan Kalra Field Officer, State Bank of India, Miller Ganj Branch, Ludhiana were recorded on 18.1.1999 and some documentary evidence was produced on 20.9.1999 and then in the month of August, 2000, the defendants had moved an application for setting aside the order proceeding ex-parte against them and the court had set aside the order and the case was fixed for filing written statement on 11.5.2002 and for compromise in Lok Adalat. Then on 11.5.2002, compromise could not be effected and the case was adjourned to 2.8.2002 and then on 2.8.2002, due to strike and suspension of work in the courts, and the Presiding Officer was on leave, the case was adjourned to 26.9.2002. On 26.9.2002, the witnesses sought to be examined could not be produced for want of correct address and then the case was adjourned to 20.11.2002. On 20.11.2002, one witness was examined and after two opportunities were given, the evidence was closed on 2.5.2003. Civil Revision No. 4148 of 2003 -2- *** In the light of the facts as highlighted by the petitioner, the order appears to be a contrary to the factual position prevailing over the file. As such, it would be expedient in the interest of justice to provide some opportunity to the plaintiff to lead his entire evidence subject to payment of certain costs. Resultantly, this petition is accepted, impugned order is set aside with the direction that the plaintiff shall conclude their evidence within three months positively subject to payment of Rs.4000/- as costs. Copy of the order be sent to the trial court for information. May 27, 2009 (A.N. Jindal) deepak Judge