Granting one last opportunity to lead entire evidence based on sufficient cause shown and in the interest of justice.

Ashutosh Mohunta, J.

1. The present revision has been filed against the order passed by the Civil Judge (Jr. Division), Faridabad, dated 16.1.2003 vide which the evidence of the petitioner-plaintiff was closed by the order of the Court.

2. A perusal of the order shows that the case was filed in the year 1995 and despite innumerable opportunities the plaintiff has not been able to conclude his evidence.

3. Learned counsel for the petitioners prays that one last opportunity be given to the plaintiff to lead his entire evidence. It is stated by learned counsel that evidence could not be led as on most of the dates whenever the case was fixed for evidence, the Bar was on strike. Hence no work was done. Learned counsel further states that Dasti notices Annexure P-3 were issued to the Halqua Patwari but he was unable to appear on the date fixed due to illness and had given his medical certificate to this effect.

4. After hearing the learned counsel for the petitioner, I am satisfied that sufficient cause has been shown for non-examining of the witnesses by the plaintiff. In the interest of justice, I grant one last opportunity to the petitioner to lead his entire evidence and conclude the same on one date.

5. Accordingly, the order dated 16.1.2003 passed by the Civil Judge (Jr. Division), Faridabad, is set aside and it is directed that the trial Court shall give one opportunity to the petitioner-plaintiff to lead his entire evidence. The petitioner shall, however, pay a sum of Rs. 5,000/- as costs to the respondent. Revision allowed. Order Dasti.