Civil Revision No. 6279 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 6279 of 2011(O&M) Date of decision. 14.10.2011 Jaswinder Singh .... Petitioner Versus Santokh Singh and another ...... Respondents CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. Avtar Singh Bhatti, Advocate for the petitioner. **** Vijender Singh Malik, J. CM No.24923-CII of 2011 This is an application praying for exemption from filing certified copies of Annexures P-1 and P-2. Prayer is allowed. CM stands disposed of. CR No. 6279 of 2011 This is a revision petition brought by Jaswinder Singh, defendant no.1 under the provisions of Article 227 of the Constitution of India for setting aside the order dated 14.09.2011 (Annexure P-3) passed by learned Civil Judge (Junior Division), Hoshiarpur, vide which the evidence of the defendants/petitioner was closed by order of the court. Civil Revision No. 6279 of 2011 --2-- In the suit brought by Santokh Singh, father of Jaswinder Singh defendant no.1 for declaration to the effect that he is exclusive owner of four FDRs held with Punjab National Bank, defendant no.2, defendant Jaswinder Singh was leading his evidence. Noticing that no evidence of the defendant was present inspite of last opportunity, which had been granted subject to payment of Rs.150/- as costs, learned trial court has mentioned more than sufficient opportunities have been availed by the defendant to conclude his evidence. Learned trial court has also noticed that no reason had been given by the defendant for not bringing the evidence. Therefore, the evidence of the defendant was closed. I have heard Shri Avtar Singh Bhatti, learned counsel for the revision-petitioner and have gone through the record carefully. Though, opportunities have been availed by the defendant to lead his evidence, yet the parties to the suit are father and son and it is submitted by learned counsel for the petitioner that efforts were continuing to bring settlement between the parties. According to him, for this reason, the evidence of the defendant could not be brought in time. According to him, Jaswinder Singh, defendant no.1 alone has to appear as a witness in support of his case. He has further submitted that his examination-in-chief by way of affidavit has already been recorded and he has to be cross-examined only. Civil Revision No. 6279 of 2011 --3-- Keeping in view the relationship between the parties and the fact that the statement of the defendant alone is to be completed by cross examining him, I am inclined to believe that one clear opportunity is required to be given to the defendant in the interest of justice. Consequently, the revision petition is allowed. The order dated 14.09.2011(Annexure P-3) is set aside, directing learned trial court to give one clear opportunity to the defendant for appearing for his cross-examination in the interest of justice, subject to payment of Rs.5000/- as costs. (VIJENDER SINGH MALIK) JUDGE 14.10.2011 dinesh