C.R.No.4641 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH. C.R.No.4641 of 2010 Date of decision:11.8.2010 Hira Singh .....Petitioner vs. Man Singh and another ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.Gaurav Singla, Advocate, for the petitioner. -- Rakesh Kumar Garg,J. The petitioner who is defendant No.2 in the suit has filed this revision petition challenging the order dated 14.6.2010 whereby his evidence has been closed by order of the Court. Challenging the aforesaid order, learned counsel for the petitioner submits that the petitioner has not been given any effective opportunity to lead evidence and, therefore, in the interest of justice he is entitled to lead evidence by calling witness through the process of Court and in these circumstances, the impugned order is liable to be set aside. I have perused the impugned order and the various zimni orders as reproduced in the revision petition. Evidence of the plaintiff-respondent was closed in this case on 21.7.2009 and thereafter the defendants were given many effective opportunities to lead evidence in support of their case. However, the petitioner failed to bring on record any evidence, so much so, he even failed to examine himself. On 8.6.2010, last opportunity was granted to the petitioner for concluding his entire evidence failing which it was ordered that his evidence shall be deemed to be closed and the case was adjourned to 14.6.2010 subject to payment of costs. The order dated C.R.No.4641 of 2010 2 8.6.210 reads as follows:- “Present: Sh.V.P.Saini, counsel for the plaintiff. Sh.N.D.Sharma counsel for defendant No.1. Sh.B.S.Walia counsel for defendant No.2. Cross examination of DW1 concluded. Thereafter Ld. Counsel for defendant no.1 has closed to oral evidence and requested some time for tendering of documents. Ld. Counsel for defendant no.2 has also requested one last opportunity for concluding his entire evidence. Failing which his evidence shall be deemed to be closed. Hence case is adjourned to 14.6.10 for tender of documents on behalf of defendant no.1 and for evidence of defenant no.2 subject to cost of Rs.500/-. It is made clear that if the defendants fail to conclude their entire evidence on that date, then the evidence of the defendants shall be deemed to be closed. Sd/-ACJ,KKR/08.6.10”. However, the petitioner failed to lead any evidence on 14.6.2010, the order dated 8.6.2010, as reproduced above, is not under challenge before this Court. In this view of the matter no interference can be made in the impugned order. Dismissed. ( Rakesh Kumar Garg) Judge August 11, 2010 rk