C.R. No. 1820 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 1820 of 2010 Date of Decision : 18.3.2010 Satwant Singh & others .......... Petitioners Versus Sh. Pritam Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Deepak Nayar, Advocate for the petitioners. **** VINOD K. SHARMA, J. (ORAL) The petitioners invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 7.1.2010, passed by the learned Civil Judge ( Jr. Divn.), Amritsar, vide which evidence of the petitioners has been closed by order. The impugned order reads as under :- “Cross examination of PW1 Akash Mashih and PW2 Swaraj Singh has been recorded. No other PW is present. Learned counsel for the plaintiff request for date which is opposed by opposite counsel. From the perusal of file, it transpires that plaintiff has already availed sufficient opportunities including many last opportunities to conclude his evidence but plaintiff has failed to conclude his evidence in spit e of the same. C.R. No. 1820 of 2010 2 As such, this court is of the considered opinion that no ground is made out to further adjourn the case for plaintiff evidence and evidence of plaintiff is closed by order. To come upon 2.2.10 for defendant evidence.” The learned counsel for the petitioners does not challenge the order on merit, and prays that in the interest of justice, the petitioners be granted last opportunity to conclude their entire evidence at their own risk and responsibility, subject to payment of costs. In view of the stand taken by the learned counsel for the petitioners, and without going into the merits, I feel that interest of justice would be served if the petitioners are granted one opportunity to lead their entire evidence on payment of costs. Accordingly, the present revision is allowed, the impugned order is set aside and the petitioners are granted one last opportunity to conclude their entire evidence, on the date to be fixed by the trial Court. However, this shall be subject to payment of Rs. 5000/-(Rupees five thousand only) as costs. 18.3.2010 ( VINOD K. SHARMA ) 'sp' JUDGE