Chander Bhan vs M/S. Raj Kumar & Company on 30 April, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                      CR No.2388 of 2009
                                      Date of decision: 30.4.2009

Chander Bhan                                       ......Petitioner

                               Versus

M/s. Raj Kumar & Company,
Commission Agent                                   ......Respondent

CORAM:-     HON'BLE MR. JUSTICE RAKESH KUMAR GARG

                         * * *

Present:    Mr. Dalel Singh Nain, Advocate for the petitioner.



Rakesh Kumar Garg, J.(Oral)

This is defendant’s revision petition, challenging the order

dated 15.4.2009 passed by the Civil Judge (Sr. Division), Kaithal, whereby

his evidence has been closed by order.

Challenging the aforesaid order, learned counsel for the

petitioner has vehemently argued that the petitioner has been granted only

three opportunities whereas the plaintiff-respondent has taken more than

two years to conclude its evidence. It is also the case of the petitioner that

he needs only one more opportunity to lead his evidence at his own risk

and responsibility.

As per the record of this revision petition, the present suit was

instituted on 12.5.2005 and issues were framed on 16.3.2006. Thereafter

the plaintiff-respondent led its evidence which was closed on 3.10.2008

and the case was fixed for evidence of the defendant-petitioner for the first

time on 8.1.2009 and subsequently, the case stood adjourned to 24.3.2009

and then on 15.4.2009, the date when the impugned order was passed.

After hearing learned counsel for the petitioner and keeping in

view the facts and circumstances of the case, I deem it appropriate to grant

one more opportunity to the petitioner to lead his entire evidence at his
CR No.2388 of 2009 -2-

own risk and responsibility subject to payment of costs which are assessed

at Rs.2,000/- It is made clear that the payment of costs shall be a condition

predecent. In any case, no further opportunity shall be granted to the

petitioner to conclude his evidence. The petitioner shall appear before the

trial Court on the date fixed i.e. 4.5.2009. On that date, the trial Court shall

fix a further date to enable the petitioner to bring his entire evidence as per

the opportunity granted by this Court.

With the aforesaid observations, this revision petition is

disposed of.

April 30, 2009                             (RAKESH KUMAR GARG)
ps                                                JUDGE