IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6222 of 2010 Date of Decision: 27.09.2010 Dalbir Singh .... Petitioner Versus Munshi Ram and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Sushil Jain, Advocate for the petitioner ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 19.8.2010 passed by Addl. Civil Judge (Sr. Divn.) Sonipat whereby adjournment sought by the plaintiff to examine other witnesses on the ground that they could not be served was rejected and evidence of the plaintiff- petitioner was closed. Learned counsel for the petitioner-plaintiff states that date may be fixed and on that date plaintiff shall summon all the witnesses through dasti summons at his own risk and entire witnesses shall be produced before the Court on such date. Keeping in mind the golden rule that no walk over should be granted in favour of either of the party and lis, as far as possible, should be decided on merits after giving sufficient opportunities to the parties before the Court, I direct that learned trial Court shall fix any date beyond 12.10.2010 for the purpose of remaining evidence of the plaintiff and on that date plaintiff shall produce all the witnesses sought to be examined by the plaintiff. It is made clear that if in the event examination is not complete on that date, trial Court shall be at C.R. No. 6222 of 2010 2 liberty either to hold day to day trial or to fix date convenient to the trial Court. Plaintiff shall pay Rs. 5,000/- as cost to the defendants. Petition stands disposed of. It is, however, made clear that dasti summons shall be taken by the plaintiff to summon witnesses at his own risk and on that date case shall not be adjourned on the ground that dasti summons are not served or despite of service witnesses are not present. (ALOK SINGH) 27.09.2010 JUDGE reena