C.R. No.321 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.321 of 2008 Date of Decision: 18.2.2008 Ramesh Kumar Nanchahal and another .....Petitioners Vs. LIC Housing Finance Ltd. and another ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Swaran Sandhir, Advocate for the petitioners. Mr.O.P. Narang, Advocate for the respondent no.1. ... RAJIVE BHALLA, J (Oral) Counsel for the petitioner states that respondent no.2 need not be served at this stage. Challenge in this revision petition is to an order dated 14.1.2008 passed by Additional Civil Judge, (Senior Division), Ludhiana, whereby the petitioners evidence was closed by order. Counsel for the petitioners states that the petitioners had deposited process fee and diet money for summoning two official witnesses. The learned trial Court, instead of summoning these witnesses, closed the evidence by order, on the ground that sufficient opportunity had been granted. Counsel for the respondent no.1 states that as the learned trial Court has granted sufficient opportunities to the petitioners, no further opportunity needs be granted. I have heard learned counsel for the parties and perused the C.R. No.321 of 2008 2 impugned order. As the petitioners had deposited process fee and diet money for summoning two official witnesses, the learned trial Court should have summoned these witnesses. Consequently, interest of justice would require that one last and final opportunity be granted to the petitioners, subject to payment of Rs.5,000/- as costs, to adduce their entire evidence, on a date to be fixed by the learned trial Court. Consequently, the revision petition is allowed and the order dated 14.1.2008 is set aside. The learned trial Court shall grant one effective opportunity to the petitioners, to lead their entire evidence, subject to payment of Rs.5000/- as costs, on which date, the petitioners shall adduce their entire evidence. It is made clear that in case the petitioners do not adduce their entire evidence on a date to be fixed by the trial Court, their evidence shall be deemed to have been closed by order. 18.2.2008 ( RAJIVE BHALLA ) GS JUDGE