Civil Revision No. 1243 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1243 of 2009 Date of decision: 19.03.2009. Om Pal ....Petitioner Versus Jai Binder ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Ashok Tyagi, Advocate, for the petitioner ***** S.D.ANAND, J. Civil Misc. No.6503 of 2009 Allowed as prayed for. Annexure P-4 is taken on record. Civil Revision No.1243 of 2009 The grievance of the petitioner is with regard to validity of the order dated 22.1.2009 (Annexure P-1) vide which the learned Trial Court ordered the closure of the evidence of the plaintiff-petitioner. Though the learned counsel does not dispute that a number of adjournments came to be availed of by the plaintiff-petitioner for adducing evidence, he clarifies that the petitioner herein could not appear before the Court for about four months as he had sustained a fracture in the course of an accident on 15.4.2008. In support of the averment, he has placed reliance upon the medical certifications dated 22.1.2009 (Annexure P-2) issued by Lord Krishna Hospital, dated 15.4.2008 (Annexure P-3) issued Civil Revision No. 1243 of 2009 -2- **** by Paras Hospital and dated 17.3.2009 (Annexure P-4) issued by Dr. Prem Chand Gupta on behalf of Lord Krishna Hospital. The validity or otherwise of the medical certifications notwithstanding, the petitioner has not been able to explain why he did not step in the witness box as his own witness, in the first instance and why he could not could not conclude the evidence inspite of the large number of opportunities granted to him. The medical certifications issued by the Paras Hospital is only for one date which to the effect that there was “multiple rib fractures on both sides of chest wall with overlying surgical emphysema” on the person of Om Pal Yadav. However, the other part of the medical certification apparently appears to be bogus. The certification (Annexure P-2) does not, at all, indicate the name of the Doctor who was treating the petitioner. That certification is dated 22.1.2009 and certifies that Om Pal was suffering from viral fever. The certification Annexure P-3 is to the effect that on 15.4.2008, first aid was given to Om Pal (petitioner) at Lord Krishna Hospital and he was, thereafter, referred to Paras Hospital, Gurgaon in view of the fact that he had sustained injuries which were dangerous to life and Lord Krishna Hospital did not have equipments and experts to treat those injuries. The certification proceeds to notice that the patient was brought back to the Lord Krishna Hospital from Paras Hospital and he remained hospitalised at Lord Krishna Hospital upto 3.5.2008. The certification further proceeds to indicate that, at the time of discharge from that hospital Om Pal was advised rest and not to undertake journey for a period of four months. Annexure P-3 does not, at all talk of hospitalisation of Om Pal Where exactly was Om Pal under treatment from 15.4.2008 to 22.4.2008 is an enigmatic poser which has not been clarified by the plaintiff-petitioner. Civil Revision No. 1243 of 2009 -3- **** It is apparent from the record that the plaintiff-petitioner is making an endeavour, abortive though, to obtain indulgence of the Court for yet another adjournment on an untenable plea. Dismissed in limine. March 19, 2009 (S.D.Anand) Pka Judge