C.R. No.19 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.19 of 2008 Date of Decision: 21.1.2008 Geeta Sharma .....Petitioner Vs. Ajay Kumar and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms. Sushma Chopra, Advocate for the petitioner. None for the respondents. ... RAJIVE BHALLA, J (Oral) Despite service, no one has put in appearance on behalf of the respondents. Counsel for the petitioner states that the learned trial Court should have granted a further opportunity by passing a pre-emptory order, as the petitioner-tenant had to establish her case. It is submitted that the only evidence sought to be adduced is the statement of the petitioner and in case, the petitioner is granted one opportunity, she would file her affidavit and submit herself for cross-examination on the said date. I have heard counsel for the petitioner and perused the impugned order. The petitioner's evidence has been closed by order. She is admittedly a tenant and, therefore, should have been granted adequate opportunity to establish her defence. The petitioner's prayer for grant of one opportunity is, therefore, just and proper. C.R. No.19 of 2008 2 Consequently, the order dated 20.12.2007 is set aside. The petitioner shall appear before the learned trial Court on the date already fixed i.e. 24.1.2008 and submit her affidavit as evidence of her statement. The respondents, thereafter, shall be free to cross-examine her on the said date or on such other date, that the trial Court may deem appropriate. Before proceeding to file her affidavit, the petitioner shall pay costs to the tune of Rs.2500/- to the respondents. It is made clear that no further opportunity shall be granted to the petitioner. In case the petitioner defaults, in any manner, her evidence shall be deemed to have been closed. Disposed of accordingly. Copy of this order be given dasti to counsel for the petitioner under the signatures of Special Secretary of this Court. 21.1.2008 ( RAJIVE BHALLA ) GS JUDGE