Civil Revision No. 6634 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 6634 of 2011(O&M) Date of decision. 01.11.2011 Smt. Gurdip Kaur .... Petitioner Versus Miss Harpreet Kaur and another ...... Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. Amit Dhawan, Advocate for the petitioner. **** Vijender Singh Malik, J. CM No.25890-CII of 2011 The application praying for exemption from filing certified copies of Annexures P-1 and P-2 is allowed. CR No. 6634 of 2011 Smt. Gurdip Kaur, defendant no.1 in the suit before learned Civil Judge (Junior Division), Jalandhar has brought this revision petition under the provisions of Article 227 of the Constitution of India for setting aside the order dated 10.08.2011 (Annexure P-1) passed by the said court, vide which her evidence has been closed by court order. Miss Harpreet Kaur, a minor, respondent no.1 before me, had filed a suit for declaration to the effect that she and the defendants are joint owners in possession of some land situated in village Civil Revision No. 6634 of 2011 --2-- Ambgarh, Tehsil and District Jalandhar. On 10.08.2011 the case was fixed for evidence of the defendants. Finding no evidence to have been brought by the defendants on the said date and noticing that defendants had already availed so many opportunities, no justification was found for grant of further adjournment and so the evidence of the defendants was closed by order of the court. After noticing that the petitioner-defendant no.1 had not brought evidence despite last opportunity, learned trial court has observed that summons are not received back. When the court was in the process of summoning witnesses for the defendants and the summons had not even been returned, then there was no fault on the part of the petitioner-defendant no.1 for which she could be penalized by closing her evidence. This circumstance alone shows that the order is illegal and liable to be set aside. With the aforesaid finding, the revision petition is allowed and learned trial court is directed to afford two effective opportunities to the petitioner-defendant no.1 to produce her evidence during which dasti summons of the witnesses may be given to her. (VIJENDER SINGH MALIK) JUDGE 01.11.2011 dinesh