Ajay Kumar Mittal, J. - (1.) IN this revision petition filed under Article 227 of the Constitution of India, challenge is to the order dated 28.5.2010 (Annexure P -1) passed by the trial court whereby the evidence of the plaintiffs -petitioners was closed by court order.
(2.) LEARNED counsel for the petitioners submitted that the plaintiffs -petitioners could not produce the evidence due to certain unavoidable circumstances and in the interest of justice, one opportunity may be granted to them to lead their entire evidence and the respondents can be compensated by way of costs. She further submitted that the petitioners will conclude their entire evidence at their own risk and responsibility on the date to be fixed by the trial court. Learned counsel for respondents No. 1 to 3 on the other hand supported the order passed by the trial court and prayed for dismissal of the revision petition.
(3.) AFTER hearing learned counsel for the parties and in the facts and circumstances of the present case, this Court is satisfied that in the interest of justice the petitioners deserve to be granted one opportunity to conclude their entire evidence. Accordingly, the revision petition is disposed of with a direction that the plaintiffs -petitioners shall be granted one opportunity to lead their entire evidence on the date to be fixed by the trial court at their own risk and responsibility and subject to payment of Rs. 2,000/ - to the defendants -respondents as costs.;