CR No.6815 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6815 of 2010 (O&M) Decided on : 15-10-2010 Jagdish Kumar alias Jagdish Rana and others ....Petitioners VERSUS Prito and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.G.S.Sandhu, Advocate for the petitioners. MAHESH GROVER, J There is no legal infirmity in the impugned order dated 5.10.2007 vide which evidence of the petitioners was closed. Learned counsel for the petitioners contends that only seven opportunities were granted to the petitioners-defendants to adduce their evidence and after closure of their evidence, the suit was dismissed in default on 27.10.2007 which was ultimately restored on 27.5.010 and as such the present revision petition has been filed. He contends that if only one opportunity is granted to the petitioners, they will conclude their entire evidence. After hearing learned counsel for the petitioners, I do not find any legal infirmity in the impugned order but purely in the interest of justice, the impugned order is set aside without issuance of notice of motion to other side as resorting to this process is likely to delay the proceedings further and the other side can be compensated with costs. CR No.6815 of 2010 (O&M) 2 Therefore, the impugned order is set aside, however, subject to payment of Rs.5,000/- as costs and the petitioners as a consequence thereof, shall be granted only one effective opportunity to lead their entire evidence. The Trial Court shall afford only one effective opportunity for the said purpose and in no eventuality shall grant the petitioners more than one opportunity. Disposed of. October 15, 2010 (Mahesh Grover) rekha Judge