IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7670 of 2009 (O&M) Date of Decision : 12.1.2010 Baldev Singh ....Petitioner Versus Sarup Singh ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.D.K.Bhatti, Advocate for the petitioner. ..... MAHESH GROVER, J. C.M.Nos.30069 to 30071-CII of 2009 are allowed as prayed for. This revision petition is directed against the order dated 24.8.2009 by which the evidence of the petitioner has been directed to be closed. Learned counsel for the petitioner contends that the father of the petitioner was ailing and he died during the pendency of the suit and that is the reason for delay in concluding the evidence. I have heard the learned counsel for the petitioner and have perused the zimni orders which have been produced in the petition itself. A perusal of the zimni orders reveals that the evidence of the petitioner commenced in May 2005 and in December 2007 the C.R. No. 7670 of 2009 (O&M) -2- father of the petitioner was directed to produce the entire evidence at his own risk and responsibility but he failed to do so. The impugned order has been passed after sufficient time and opportunities were granted to the father of the petitioner, who is now stated to be dead. There is no mitigating circumstance on the basis of which the prayer of the petitioner for granting another opportunity is considered. However, in view of the fact that costs is a panacea for compensating the other side in such matters as a means to secure equitable justice, I deem it appropriate to dispose of this petition at the motion stage itself without issuance of notice of motion to the respondent, as resorting to this process is likely to delay the matter further, with a direction to the learned trial Court to grant one effective opportunity to the petitioner to produce his entire evidence subject to payment of Rs.10,000/- as costs which shall be a pre-condition before any opportunity is granted to the petitioner by the trial court. The impugned order in such an order shall stand set aside. It is made clear that no further opportunity shall be given to the petitioner under any circumstances 12.1.2010 (MAHESH GROVER) JUDGE dss