L.N. Mittal, J. - (1.) PETITIONER has filed application under Order 39 Rule 2 -A of the Code of Civil Procedure wherein the trial Court by impugned order dated 19.10.2010 Annexure P -1 has closed evidence of the Petitioner by Court order. By way of instant revision petition under Article 227 of the Constitution of India, the Petitioner has challenged the said order. None has appeared for the Respondents in spite of service through their counsel in the trial Court.
(2.) I have heard learned Counsel for the Petitioner and perused the case file. In view of interim orders of the trial Court for dates preceding the passing of the impugned order as reproduced in the revision petition, I am of considered opinion that ends of justice would be met if another opportunity is granted to the Petitioner to lead its remaining evidence at own responsibility on payment of costs.
(3.) ACCORDINGLY , the instant revision petition is allowed and the trial Court is directed to grant only one more effective opportunity to the Petitioner to lead its remaining evidence at own responsibility, subject to payment of Rs. 1000/ -as costs precedent.;