C.R. No.4820 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.4820 of 2007 Date of Decision: 14.2.2008 Mohinder Singh and others .....Petitioners Vs. Smt.Audhyawati and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Sanjeev Manrai, Advocate for the petitioners. Mr.Arun Jindal, Advocate for respondents no.4,5,6,7 and 9. Mr.Satinder Khanna, Advocate for respondents no.15 to 22. ... RAJIVE BHALLA, J(Oral) Challenge in this revision petition is, to an order dated 22.2.2007 passed by the Civil Judge,(Junior Division), Patiala, whereby the evidence of the petitioners-plaintiffs has been closed by order. Counsel for the petitioners contends that the petitioners witnesses were present in Court on 24.8.2006, 4.10.2006 and on 17.11.2006 but could not be cross-examined as respondent's counsel, did not cross examine them, on the above dates. Thereafter, though opportunities were granted to the petitioners to produce PW-1 and PW-2, they could not appear for reasons beyond the control of the petitioners. As affidavits in evidence have already been filed, one opportunity be granted to produce PW-1 and PW-2. Counsel for the respondents, however, states that as sufficient opportunities have been granted to the petitioners, to produce the C.R. No.4820 of 2007 2 aforementioned witnesses, no further opportunity need be granted. I have heard learned counsel for the parties and perused the impugned order. Though, the petitioners may have been remiss in their duty, to produce PW-1 and PW-2, interest of justice would be required that the witnesses are cross-examined, as their affidavits, in evidence are already on record. In this view of the matter, the revision petition is allowed and the order dated 22.2.2007 is set aside. The petitioners are permitted to produce PW-1 and PW-2 for cross-examination, on a date to be fixed by the trial Court, subject to payment of Rs.5,000/- as costs. It is made clear that no further opportunity would be granted to the petitioners, to produce PW-1 and PW-2. In case, the petitioners fail to produce PW-1 and PW-2, on a date to be fixed by the trial Court, their evidence shall be deemed to have been closed by order. 14.2.2008 ( RAJIVE BHALLA ) GS JUDGE