S.N.Aggarwal, J. - (1.) The petitioner is the defendant in the learned trial Court. In the suit for specific performance filed by Mahinder Singh, respondent, the petitioner filed written statement. Issues were framed. He had crossexamined the witnesses examined by Mahinder Singh, plaintiffrespondent.
(2.) However, he could not produce his own evidence because of the negligence of his counsel.
(3.) Learned counsel for the petitioner submits that if one opportunity is granted to the petitioner on payment of costs, he will produce the evidence as his own responsibility and close the same. The learned counsel for Mahinder Singh, plaintiffrespondent had contested this petition. However, in the interest of justice, the petitioner should be granted an opportunity to produce and close his evidence at his own responsibility. Since the petitioner has committed default in producing his evidence, he is burdened with costs of Rs.2,000/- which shall be payable only to the plaintiff-respondent in the learned trial Court.;