Civil Revision No. 7152 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 7152 of 2011(O&M) Date of decision. 22.11.2011 Executive Officer, MC, Faridabad and others .... Petitioners Versus Dera Rishikesh ......Respondent CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Iqbal Singh Mann, Advocate for the petitioner. **** Vijender Singh Malik, J. In a suit brought by Dera Rishikesh under the management of its Mohitmim Mahant Prabhash Kumar for permanent injunction restraining the defendants from carving out/digging any khal/drain through the land in question, the defendants were to lead their evidence on 28.09.2011. As no evidence was produced by the defendants on the said date, the request for further adjournment was not found justified by learned trial court and the evidence of the defendants was closed by order of the court dated 28.09.2011. Civil Revision No. 7152 of 2011 --2-- It is this order, which is questioned by the defendants by way of this revision petition brought under the provisions of Article 227 of the Constitution of India. I have heard Shri Iqbal Singh Mann, learned counsel for the petitioner and have gone through the record. Learned trial court has noticed that five effective opportunities including two last opportunities to have been availed by the defendants for their evidence and despite that they failed to conclude their evidence. Learned trial court, therefore, found the defendants to have availed sufficient effective opportunities and he did not find the case fit for grant of further opportunity for evidence of the defendants. Learned counsel for the petitioners has submitted that one effective opportunity may be granted to the petitioners to complete their evidence. According to him, the same may be granted subject to payment of costs. Although the impugned order does not appear to suffer from any defect, yet one opportunity could be granted by learned trial court subject to payment of costs, if the request was made for the same by learned counsel for the petitioners by making a statement in the court. In these circumstances, the interest of justice would be served, if one opportunity is granted to the petitioners for their evidence. Civil Revision No. 7152 of 2011 --3-- The revision petition is, consequently, allowed and setting aside the impugned order. learned trial court is directed to give one effective opportunity to the petitioners to produce their evidence at their own responsibility, subject to payment of Rs.5000/- as costs. (VIJENDER SINGH MALIK) 22.11.2011 JUDGE dinesh