C.R. No. 5470 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5470 of 2009 Date of Decision: September 22, 2009 Umed Singh …..Petitioner Vs. Devender Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ramender Chauhan, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Defendant has filed this revision petition under Article 227 of the Constitution of India against the order dated August 13, 2009 by virtue of which the evidence of the defendant- petitioner has been closed by order, while adjourning the case for rebuttal evidence. A perusal of the interim order dated August 13, 2009 indicates that DW Azad Singh was present in the Court but his statement could not be recorded as Court time was over. He was bound down for August 13, 2009. C.R. No. 5470 of 2009 [2] It is contended by counsel for the petitioner that said Azad Singh was present in the Court premises on August 13, 2009 but could not be examined. Without entering into the controversy whether Azad Singh, DW was present in the Court or not on the date fixed by the Court, it is ordered in the interest of justice that one opportunity will be given to the defendant- petitioner to produce Azad Singh subject to payment of Rs.2000/- as costs on the next date of hearing. It will be the responsibility of the defendant- petitioner to produce Azad Singh in the court and to offer the costs. In case of failure on the part of the defendant- petitioner to produce Azad Singh on next date of hearing i.e. October 1, 2009 or non- payment of costs, the present revision petition will be deemed to have been dismissed. It is made clear that in case for some reason Presiding Officer is not able to examine Azad Singh on October 1, 2009, it will be open to the said Court to adjourn the matter for short date so that the defendant- petitioner gets one opportunity to produce and examine Azad Singh. Disposed of. September 22, 2009 (M.M.S.BEDI) sanjay JUDGE