Chhota Singh vs Gurdas Singh Balwinder Singh

Hemant Gupta, J.—The defendant is in revision aggrieved against the order dated 17.9.2010, whereby the evidence of the defendant''s was closed for not concluding its evidence inspite of granting three opportunities.

Learned Counsel for the petitioner-defendant has argued that petitioner was granted three opportunities i.e. on 10.8.2010, 20.8.2010 and 6.9.2010. It is pointed out by the learned Counsel for the petitioner that now the case is fixed before the learned trial Court on 30.9.2010 for rebuttal and arguments and if one opportunity is granted, the defendant shall conclude his entire evidence on the said date.

After hearing the learned Counsel for the petitioner, the petitioner-defendant is permitted to lead his entire evidence on the date fixed i.e. 30.9.2010 subject to payment of Rs. 5000/ - as costs.

On deposit of such costs on the date fixed, the evidence of the defendant shall be recorded. However, non-appearance of any of the witness for any reason whatsoever is not a ground to seek another opportunity to lead evidence. However, learned trial Court shall provide assistance, if sought for to summon any witness of the defendant. It is made clear that if the petitioner-defendant does not deposit the costs and fails to lead evidence on the date fixed, the evidence of the defendant shall be deemed to have been closed.

Revision petition stands disposed of in above terms.