IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 949 of 2009 Date of Decision :March 06, 2009 Naresh Kumar ....Petitioner Versus Gram Panchayat of village Kardhan and others .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Amandeep S. Manaise, Advocate for the petitioner. T.P.S. MANN, J. (Oral) Order passed by learned Civil Judge (Junior Division), Ambala on 12.12.2008, while closing the evidence of the plaintiff-petitioner by order has been challenged by him by filing the present petition under Section 227 of the Constitution of India. The impugned order was passed for the reason that on the earlier date fixed for the trial, the petitioner was granted one last opportunity for examining his witnesses subject to payment of Rs. 500/- as costs to be deposited with District Legal Services Authority and still, no PW except Ram Karan was present and the costs had not been deposited. Learned counsel for the petitioner states that the lawyers of the Ambala District Court had abstained from appearing in the Courts and for that reason the petitioner was not aware of the order requiring him to deposit Rs. 500/- as costs with the District Legal Services Authority. The petitioner Civil Revision No. 949 of 2009 -2- is willing to pay the said costs and, accordingly, prays for one last opportunity for examining his remaining evidence. A perusal of order dated 6.10.2008 shows that the plaintiff was not represented by his counsel before the trial Court on the said date. Instead, some other counsel appeared as proxy. The said counsel prayed for one last opportunity to the plaintiff for examining the evidence. The trial Court granted the said opportunity subject to payment of Rs. 500/- as costs. On 12.12.2008, trial Court noticed the fact that costs of Rs. 500/- had not been deposited by the plaintiff. Accordingly, it proceeded to close the evidence of the plaintiff by order. Without going into the merits of the stand taken on behalf of the plaintiff, but keeping in view the interest of justice, the present revision is disposed of by granting one last opportunity to the plaintiff-petitioner to examine his entire evidence subject to payment of Rs. 3,000/- as costs, which along with the amount of Rs. 500/- imposed as costs on 6.10.2008 by the trial Court, be deposited with District Legal Services Authority. ( T.P.S. MANN ) March 06, 2009 JUDGE satish