Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 27.10.2010, Annexure P3, passed by learned Civil Judge, Junior Division, Chandigarh.
(2.) I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court. Facts relevant for the decision of present revision petition are that the present suit was filed by Petitioner -Plaintiff in the year 2004. Notice was issued to the Respondents -Defendants for 27.9.2004. Respondents -Defendants appeared, filed written statement contesting the suit filed by Petitioner -Plaintiff. Issues were framed on 15.2.2007. Thereafter, the case was adjourned to 20.3.2007 for evidence of Petitioner -Plaintiff and however, when no evidence was present, the case was adjourned to 25.5.2007 for the same purpose. When no evidence was present on that day, the case was adjourned to 26.7.2007. When no evidence was present on 26.7.2007, the case was adjourned to 10.10.2007 subject to payment of Rs. 100/ - as cost. However, on 10.10.2007, one witness was present but he was not examined as he did not bring record and the case was adjourned to 14.12.2007 for remaining evidence of Plaintiff. On 14.12.2007 also, only one witness was present and, however, he was not examined and last opportunity was granted to Plaintiff for 6.3.2008, on which date, the Court was on leave and the case was adjourned to 10.6.2008. On 10.6.2008 as well one witness, Haripal was examined and however, the case was adjourned to 23.9.2008, on which date also no witness was examined and the case was adjourned to 19.12.2008, when one witness was examined and thereafter, the case was adjourned to 28.2.2009, on which date also, when no witness was examined, then the case was adjourned to 5.5.2009, thereafter to 3.9.2009, then to 5.11.2009 and then for 12.1.2010, when the evidence of the Plaintiff was closed. However, Plaintiff was granted opportunity to examine P.W. Haripal and the case was adjourned to 17.3.2010.
(3.) ORDER dated 12.1.2010 was challenged by the Petitioner -Plaintiff before this Court by filing Civil Revision No. 2121 of 2010 and this Court granted one more opportunity to her by passing the order dated 30.3.2010, operative part of which reads as under: In my opinion, when the matter is still pending, it would be in the interest of justice to permit the Petitioner to lead her entire evidence on the date fixed at her own responsibility. Ordered accordingly. It is, however, made clear that no further adjournment will be granted for the purpose. Consequently, the present petition is allowed and the impugned order is set aside. No costs. As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stands disposed of.;