Civil Revision No. 4696 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4696 of 2009 Date of Order: 26.10.2009 Shri Rakesh Kumar ....Petitioner Versus Subash Chander ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Sarbjit Singh Khaira, Advocate for the petitioner. Mr. Rajeev Dev Sharma, Advocate for the respondent RAJIVE BHALLA, J (Oral). The petitioner challenges the correctness of an order dated 19.05.2009, passed by the Additional Civil Judge(Senior Division), Pathankot, closing his evidence, by order. Counsel for the petitioner submits that though the petitioner may have been remiss in his obligation to lead evidence expeditiously, but if he is not allowed to lead evidence his suit would be dismissed for want of evidence. Counsel for the respondent, however, submits that the grant of any further opportunity to the petitioner, would legitimise his negligent conduct. As the petitioner has already been granted sufficient opportunities to lead his evidence, the revision petition should be dismissed. I have heard counsel for the parties and perused the impugned order. It is true that a party cannot hold up a trial indefinitely by praying for repeated opportunities to lead evidence. Where, however, the negligence is not malafide or culpable, closure of evidence by order, may result in serious prejudice. As a consequence, the revision petition is allowed, the order dated Civil Revision No. 4696 of 2009 -2- 19.05.2009, passed by the Additional Civil Judge (Senior Division), Pathankot, is set aside and the petitioner is directed to lead his entire evidence at his own responsibility, subject to payment of Rs.5000/- as costs. It is made clear that in case the petitioner fails to lead evidence, on a date to be fixed by the trial court, his evidence shall be deemed to have been closed by order. October 26, 2009 (RAJIVE BHALLA) nt JUDGE