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Judgment
Alok Singh, J.—Present petition is filed challenging the order dated 01.05.2010 passed by learned Civil Judge (Junior Division), Chandigarh, whereby application moved by the Plaintiff-Petitioner seeking permission to lead evidence after recalling the order dated 22.02.2010 was rejected.
As per report of Registry of this Court, Respondent stands served. However, today, none is present on his behalf.
Record reveals that on 22.02.2010, learned Trial Court has directed to close the evidence of the Plaintiff and thereafter, rejected the application moved by the Plaintiff C.R. No. 4052 of 2010 Petitioner for recalling the order dated 22.02.2010 vide impugned order dated 01.05.2010.
Learned Counsel for the Petitioner states that on the date either fixed by this Court or by the learned Trial Court, all the witnesses shall be produced for cross-examination before the learned Trial Court.
In the peculiar facts and circumstances of the case, keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, this Court direct that learned Trial Court shall fix a date for the purpose of Plaintiff-Petitioner'' evidence. On the date so fixed, Plaintiff-Petitioner shall produce all the witnesses before the learned Trial Court for examination. If, for any reason, examination is not complete on the date so fixed, then learned Trial Court shall be at liberty to hold day-to-day trial or fix any future date, which is convenient to the Court. However, it is made clear that no further adjournment shall be granted to the Plaintiff-Petitioner. Petitioner shall pay Rs. 5,000/-as costs to the Respondent herein before the next date so fixed by the learned Trial Court.
Petition shall stand disposed of accordingly.