CR No. 4266 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4266 of 2008 Decided on : 03-02-2009 Madan Lal ....Petitioner VERSUS Prem Chand ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. S.M.Sharma, Advocate for the petitioner. None for the respondent. MAHESH GROVER, J This is a petition under Article 227 of the Constitution of India praying for quashing of the order dated 19th July, 2008 vide which the evidence of the petitioner who is the defendant in the proceedings before the Court below, has been directed to be closed. It is contended by learned counsel for the petitioner that if one opportunity is granted, he shall produce his entire evidence. Notice of motion was issued and service is complete. But no one has put in appearance on behalf of the respondent. After hearing learned counsel for the petitioner and perusing the impugned order, I am of the considered opinion that there is no infirmity in the same. However, keeping in view purely the interest of justice and also the fact that the equitable justice can be ensured by compensating the other side with costs, the impugned order is set aside and the petitioner is afforded one opportunity to produce his entire evidence. Learned Trial CR No. 4266 of 2008 2 Court shall grant one effective opportunity to the petitioner to do the needful, however, subject to payment of Rs. 3000/- as costs. Disposed of. February 03 , 2009 (Mahesh Grover) rekha Judge