117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4205-2025 Date of Decision: July 14, 2025 Jaiveer @ Jai Bir …Pe,,oner Versus DHBVNL and another …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ram Bilas Gupta, Advocate for the pe!!oner. DEEPAK GUPTA , J.(Oral) Pe!!oner herein is the plain!ff of the Civil Suit bearing No.159 of 2020, !tled as "Jaiveer v. DHBVN and others" pending before learned Civil Judge (Jr. Divn.), Faridabad. He is aggrieved by the order dated 11.03.2025 (Annexure P-5), whereby his evidence was closed by the Court order. 2. Learned counsel for the pe!!oner submits that pe!!oner may be granted only one opportunity to conclude his evidence. 3. No!ce of mo!on. 4. Mr. R.K.S. Brar, Advocate has accepted no!ce on behalf of the respondents. 5. Heard. 6. A perusal of the impugned order would reveal that the Court was constrained to close the evidence of the pe!!oner a9er no!cing that as many as 11 effec!ve opportuni!es had been availed by him including the last opportunity, but he failed to conclude his evidence. Even the cost imposed earlier was not paid. 7. Learned counsel for the pe!!oner submits that there was a communica!on gap between the pe!!oner and his counsel, due to which Sarita Rani 2025.07.14 19:33 I attest to the accuracy of this document/order CR-4205-2025 - 2 - 2025:PHHC:084500 the cost was not paid and that now the cost has been paid and counsel has been changed. Learned counsel has prayed for last opportunity. 8. Having regard the conduct of the pe!!oner, inasmuch as he did not produce the evidence, despite availing 11 opportuni!es, though, pe!!oner does not deserve any relief, but in the interest of jus!ce, one opportunity is provided to the pe!!oner to conclude his evidence, subject to `30,000/- as cost to be paid to the respondents by way of a demand dra9, within three weeks 9. The payment of cost shall be a pre-condi!on for gran!ng opportunity to the pe!!oner to conclude his evidence. On payment of cost as per this order, trial Court shall fix a date for pe!!oner-plain!ff's evidence, who has to produce the same at his own responsibility. Disposed of. July 14, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.07.14 19:33 I attest to the accuracy of this document/order